UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAYversusNANIBAI BHIMRAO NIMBALKAR AND OTHERS

2026:BHC-AUG:20046




                                          1        fa 355.26 Adv. Bide Jalnyachiwadi

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              FIRST APPEAL NO. 355 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others .. Appellants
                             Versus
                       Kantiram Haribhau Phartade
                       Since deceased through his L.Rs.
                       Manisha Kantiram Pharade and others .. Respondents

                                         AND
                              FIRST APPEAL NO. 364 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others    .. Appellants
                            Versus
                       Ram Suryabhan Nimbalkar and others     ..   Respondents

                                         AND
                              FIRST APPEAL NO. 365 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others .. Appellants
                             Versus
                       Eknath Laxman Nimbalkar
                       Since deceased through his L.Rs.
                       Navnath Eknath Nimbalkar and others .. Respondents

                                         AND
                              FIRST APPEAL NO. 366 OF 2026

                       Union of India through the General
                       Manager, Central Railway and others  .. Appellants
                            Versus
                       Nanibai Bhimrao Nimbalkar and others .. Respondents

                                         AND
                              FIRST APPEAL NO. 367 OF 2026
                            2         fa 355.26 Adv. Bide Jalnyachiwadi

      Union of India through the General
      Manager, Central Railway and others        .. Appellants
            Versus
      Vitthal Kisan Nimbalkar                    ..   Respondent

Shri Ajay G. Talhar, D.S.G.I.for the Appellants in all matters.
Shri Dnyaneshwar A. Bide, Advocate for the Respondents/
claimants in all matters.

                   CORAM : SHAILESH P. BRAHME, J.
                    DATE : 18TH APRIL, 2026.

FINAL ORDER :


.     Taken up for final disposal with the consent of the parties.


2.    The acquiring body has preferred these appeals against
common judgment and award dated 23.11.2019 passed in group
of Reference Petitions. The rate fixed by the Reference Court for
the lands under acquisition and consequential quantum is under
challenge. The evidence adduced before the Reference Court is
common, hence these appeals are decided by this common order.


3.    Appellants have undertaken acquisition for laying down
new railway track from Ahmednagar – Beed – Parli. Lands from
various villages have been acquired, which resulted into filing of
various references. Those were decided by forming groups by the
Reference Court.    The judgments passed by the Courts are
subjected to challenge by the acquiring body as well as the
claimants in few of the matters.       In the present group the
claimants have not preferred any cross objection or appeal. The
                                   3           fa 355.26 Adv. Bide Jalnyachiwadi

lands are from village Jalnyachiwadi, Tq. Patoda, Dist. Beed.


4.     Following are the material particulars :

Sr.   First      L.A.R.     Gut    Area    Date of Sec. Rate       Rate fixed by
No.   Appeal No. No.        No.    acquire 4            awarded by the Reference
                                   d       notification the SLAO   Court.
1     355/2026   227/2015    165   0.36R   18.12.2008   Rs. 880/-   Rs. 3,244/- per
                                                        per R       R.
2     364/2026   224/2015    240   0.96R   18.12.2008   Rs. 770/-   Rs. 3,244/- per
                             232   0.08R                Rs. 770/-   R.
                             194   0.40R                Rs. 880/-
                             194   0.43R                Rs. 880/-
                                                        per R
3     365/2026   225/2015    239   0.23R   18.12.2008   Rs. 770/-   Rs. 3,244/- per
                             165   0.23R                Rs. 880/-   R.
                                                        per R
4     366/2026   228/2015    234   0.96R   18.12.2008   Rs. 880/-   Rs. 3,244/- per
                                                        per R       R.
5     367/2026   226/2015    239   0.21R   18.12.2008   Rs. 770/-   Rs. 3,244/- per
                                                        per R       R.


5.     The lands of the respondents were acquired by preliminary
notification issued on 18.12.2008. The Special Land Acquisition
Officer passed award on 11.03.2011 offering the rate ranging
from Rs. 770/- to Rs. 880/- per R. Being aggrieved respondents
approached the Civil Court by preferring reference petitions.
The Reference Court enhanced the rate to Rs. 3,244/- per R
considering the lands as dry lands.


6.     Mr. Ajay Talhar, learned D. S. G. I. submits that Reference
Court committed error of jurisdiction in enhancing the rate
which is not supported by adequate material. It is submitted
that S. L. A. O. had undertaken due procedure of law and
inspection was done. The documents were collected to arrive at
market rate. As against that the sale instances placed before the
                               4       fa 355.26 Adv. Bide Jalnyachiwadi

Reference Court were incompatible. It is submitted that
considering the location and the potential of the lands under
acquisition, the Reference Court erred in enhancing the rate.
The Reference Court further committed illegality in granting
statutory benefits of solatium and additional component.


7.      Per contra, learned counsel appearing for the respondents
– claimants supports the impugned judgment and award. It is
submitted that claimants – respondents have adduced oral and
documentary evidence. The appellants did not adduce any oral
evidence. The sale deeds at Exhibit 30 to 32 were relied upon.
The Reference Court found the sale instance at Exhibit 30
compatible. The Reference Court has adopted a reasonable and
practical approach in fixing the rate at Rs. 3,244/- per R. for dry
land.


8.      I have considered rival submissions of the parties. I have
formulated following points for determination.


I.      Whether the enhancement granted by the Reference Court
        is liable to be quashed ?

II      Whether the statutory benefits extended by the Reference
        Court are in accordance with law ?


9.      The respondents adduced oral and documentary evidence.
The appellants did not lead oral evidence.
                               5         fa 355.26 Adv. Bide Jalnyachiwadi

10.   Point No. I :
      The evidence was led by the claimants in L.A.R. No. 224 of
2015. The claimants produced sale deeds at Exhibit 30 to 32.
The land in the sale instance at Exhibit 30 was from village
Koregaon.       In    the   present   matters    lands     from   village
Jalnyachiwadi have been acquired.               The Reference Court,
therefore, preferred to rely upon sale deed at Exhibit 30 for fixing
the rate. Accordingly the rate is fixed at Rs. 3,244/- per R for dry
lands.   I do not find any illegality in the rate fixed by the
Reference Court. The discretion has been exercised judiciously
and reasonably.


11.   There is no reason to discard the rate. There is always
some element of guesswork in fixation of the probable market
value. It is permissible to have guesstimate as explained by the
Hon’ble Apex Court in Trishala Jain V. State of Uttaranchal, reported in
AIR 2011 SC 2458 which is rightly followed by the reference Court.
The appellant has failed to make out any case to cause
interference in fixing the rate which is reasonable and akin to
the market value at the prevalent time.


12.   It is noticed that the enhancement granted by the
Reference Court is within four times in all the matters.
Therefore, the       matters are      covered   by   the   Government
Resolution No. Sankirna – 2014/Prak.Kra. 4/Bham-1/A-4 dated
03rd November, 2016 with Corrigendum dated 23 rd February,
2017 and 13th August, 2018 to the said Government Resolution.
                              6         fa 355.26 Adv. Bide Jalnyachiwadi

On that count also the enhancement needs to be upheld.


            I answered point No. I against the appellants.


13.   Point No. II
      The claimants are granted benefits under Section 23(1-A)
of the Act. The interest has been awarded in accordance with
law laid down in State of Maharashtra V. Kailash Shiva Rangari reported
in 2016(3) Mh.L.J. 457. No case is made out by the appellants to
show any fault or illegality in awarding statutory benefits and
the interest.


      I answered point No. II against the appellants.


14.   It is made clear that dismissal of these Appeals preferred
by the acquiring body would not bind any other claimants’ whose
lands have been acquired for the self same project in claiming
enhancement of the compensation by preferring independent
Appeals or the Cross-Objections. Their claims for any further
enhancement would be delt with in accordance with law and on
the basis of the evidence produced on record.


15.   It is further clarified that the counsel appearing for the
respondents/claimants has made candid statement that his
clients are unable to prefer any appeal or cross objection for
enhancement in the High Court.           They are precluded from
claiming enhancement in future.
                             7         fa 355.26 Adv. Bide Jalnyachiwadi

16.   This Court had an occasion to deal with first appeals
preferred by the self same acquiring body challenging judgments
of the Reference Court arising out of self same purpose of
acquisition.    This Court dismissed the appeals by assigning
elaborate reasons in the matter of the Executive Engineer,
Central Railway, Pune and others Vs. Subhash Narayan
Gore and others in First Appeal No. 418 of 2026 with other
connected matters vide judgment and order dated
10.04.2026. I propose to follow the same course in upholding the
judgments rendered by the Reference Court in the present
matters also.


17.   For the reasons stated above, I do not find that there is any
perversity or illegality in the judgment and award passed by the
reference Court. The Appeals preferred by the acquiring body
sans merit. Hence, I pass the following order :


                            ORDER

A.    First Appeals are dismissed.


B.    Award be drawn accordingly.


C.    There shall be no order as to costs.


D.    The amount deposited by the appellants – acquiring body
      shall be disbursed to the respondents – claimants with
      accrued interest as per their entitlement.
                            8         fa 355.26 Adv. Bide Jalnyachiwadi

E.     In case the amount is not deposited, appellants shall make
       the payment expeditiously.



                                [ SHAILESH P. BRAHME J. ]


bsb/April 26