UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAYversusSUDHIR S/O BHAGWAN PHAD

2026:BHC-AUG:21747
                                     1         fa 387.26 Adv.A. V.Thombre ,Ghatsawali.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                                FIRST APPEAL NO. 387 OF 2026

                        Union of India through the General
                        Manager, Central Railway and others        .. Appellants
                             Versus
                        Babasaheb s/o Padharinath Phad
                        and anr.                                   ..   Respondents

                                           AND
                                FIRST APPEAL NO. 386 OF 2026

                        Union of India through the General
                        Manager, Central Railway and ors.          .. Appellants
                             Versus
                        Sudhir s/o Bhagwan Phad                    ..   Respondent

                                           AND
                                 FIRST APPEAL NO. 388 OF 2026

                        Union of India through the General
                        Manager, Central Railway and others        .. Appellants
                             Versus
                        Udhav s/o Rambhau Phad                     ..   Respondent

                 Shri Ajay G. Talhar, D.S.G.I.for the Appellants in all matters.
                 Shri Abhijit V. Thombre, Advocate for Respondents/ claimants in
                 all matters.

                                    CORAM : SHAILESH P. BRAHME, J.
                                    DATE : 4th May, 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 01.09.2022 passed in group
                 of Reference Petitions. The rate fixed by the Reference Court for
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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
lands are from village Ghatsawali, Tq. and Dist. Beed.


4.     Following are the material particulars :

Sr. First       L.A.R.     Gut   Area    Date of Sec. 4 Rate awarded Rate fixed by the
No. Appeal      No.        No.   acqui   notification   by the SLAO  Reference Court.
    No.                          red
1    387/2025   408/2016   20    12 R    14.02.2009    Rs.1180/- per R   Rs. 4000/- per R.
                                                                         Jirayat


2    388/2025   409/2016   154 12 R      14.02.2009    Rs.1180/- per R   Rs. 4000/- per R.
                                                                         Jirayat
3    386/2025   412/2016   20    06 R    14.02.2009    Rs.1180/- per R   Rs. 6000/- per R.
                                                                         Jirayat




5.     The lands of the respondents were acquired by preliminary
notification issued on 14.02.2009. The Special Land Acquisition
Officer passed award on 30.11.2011                      offering the rate of Rs.
1180/- per R. Being aggrieved respondents approached the Civil
Court by preferring reference petitions.                    The Reference Court
enhanced the rate to Rs.4000/- per R. for Jirayat lands.
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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
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 deed at Exhibit 28 was relied upon. The
Reference Court found the sale instance at Exhibit 28 was
compatible. The Reference Court has adopted a reasonable and
practical approach in fixing the rate at Rs. 4000/- per R. for dry
lands.


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 ?
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9.    The respondents adduced oral and documentary evidence.
The appellants did not lead oral evidence.


10.   Point No. I :
      The evidence was led by the claimants in L.A.R. No.412 of
2016. The claimants produced sale deed at Exhibit 28. The
land in the sale instance at Exhibit 28 was from village
Ghatsawali. In the present matters lands from self same village
have been acquired. The Reference Court, therefore, preferred to
rely upon sale deed at Exhibit 28 for fixing the rate.
Accordingly the rate is fixed at Rs. 4000/- per R. for Jirayat land.
I do not find any illegality in the rate fixed by the Reference
Court. The discretion has been exercised judiciously and
reasonably.


11.   No enhancement is granted by Reference Court in
compensation for trees and pipeline. Therefore, the quantum of
compensation to the extent of land is under consideration.


12.   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.


13.   It is noticed that the enhancement granted by the
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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 03 rd
November, 2016 with Corrigendum dated 23 rd February, 2017
and 13th August, 2018 to the said Government Resolution. On
that count also the enhancement needs to be upheld.


            I answered point No. I against the appellants.


14.   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.


15.   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 dealt with in accordance with law and on
the basis of the evidence produced on record.


16.   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
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enhancement in the High Court.          They are precluded from
claiming enhancement in future.


17.   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.


18.   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.
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E.      In case the amount is not deposited, appellants shall make
        the payment expeditiously.



                               [ SHAILESH P. BRAHME J. ]
mkd/-