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Bombay High Court

AMBADAS VISHWANATH JADHAVversusTHE STATE OF MAH and ANR.

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that the appellants are entitled to compensation of Rs.1,000 per R for dry land, modifying the reference court's award.

Summary

The appellants' lands were acquired by the State for the Upper Manjra Project and initially awarded compensation of Rs.250‑330 per R under the Special Land Acquisition Officer. The reference court later enhanced the award to Rs.642 per R, which the appellants contested, arguing that a prior order (LAR No.35/1998) on the same project granted Rs.1,000 per R for dry land and was not challenged. The State argued that the earlier order was contrary to sale instances and that the reference court correctly fixed the compensation. The High Court examined the sale instances and found that the earlier order was applicable, concluding there was no justification for a lower amount. Consequently, the Court partly allowed the appeals, fixing compensation at Rs.1,000 per R and granting all statutory benefits under the Land Acquisition Act, 1894, while leaving the remainder of the award unchanged.

Issues considered

  • Whether the reference court erred in fixing compensation at Rs.642 per R when an earlier order on the same project awarded Rs.1,000 per R for dry land.
  • Whether the appellants are entitled to statutory benefits under the Land Acquisition Act, 1894 on the enhanced compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation enhancement
  • statutory benefits
  • Upper Manjra Project
  • appeal

Judgment

2026:BHC-AUG:27610

                                                                         FA 447/07 & Ors.
                                                   1

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  57 FIRST APPEAL NO. 447 OF 2007

                                  AMBADAS VISHWANATH JADHAV
                                              VERSUS
                                    THE STATE OF MAH AND ANR.
                                                 ...
                               Advocate for Appellant : Mrs. A.D. Rakh
                              AGP for Respondent/State: Mr. B.A. Shinde
                                                 ...

                                  58 FIRST APPEAL NO. 450 OF 2007

               DATTATRAYA RANGNATH JADHAV L.RS. BABRUWAN DATTATRAYA JADHAV
                                            VERSUS
                                  THE STATE OF MAH AND ANR.
                                               ...
                             Advocate for Appellant : Mrs. A.D. Rakh
                           AGP for Respondent/State: Mrs. A.S. Mantri
                                                …
                                FIRST APPEAL NO. 2155 OF 2009

                                       FAKKAD BALAJI SATPUTE
                                              VERSUS
                                    THE STATE OF MAH. AND ANR.
                                                 ...
                               Advocate for Appellant : Mrs. A.D. Rakh
                              AGP for Respondent/State: Mrs. A.S. Mantri
                                                 ...
                                 CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                  Dated         : July 07, 2026

              PER COURT :-

              1.     Heard the learned counsel for respective parties.

              2.     First Appeal No. 2155/2009 is not not board. Taken on board.

              3.     Aggrieved by the judgment and award dated 24.11.2004 passed by

              the VI Adhoc Additional District Judge, Beed in LAR Nos. 254/1997,

              255/1997 and 258/1997 the appellants/original claimants preferred the

              present appeals for enhancement whereby the reference court enhanced

              the compensation of the acquired lands at the rate of Rs. 642/- per R. as
                                                          FA 447/07 & Ors.
                                     2

against the rate granted by Special Land Acquisition Officer at the rate of

Rs. 250/- to 330/- per R.

4.    The lands of the claimants were acquired by the State for Upper

Manjra Project (Dokewadi Project). Notification under section 4 was

published on 30.7.1992. Notification under section 6 was published on

27.8.1993. The possession of the acquired lands was taken by the

Government on 1.3.1988 and the award was passed by the Special Land

Acquisition Act (SLAO) on 12.10.1995. Claimants accepted the amount

under protest and preferred the above references. Being aggrieved by the

judgment and award of the reference court, they prefer present appeals.

5.    The learned counsel for the appellants/claimants submits that from

the same notification and from the same project the reference court has

enhanced the compensation at the rate of Rs.1000/- per R. for dry land in

LAR No. 35/1998 and other connected matters on 3.2.2005 and as per her

submission, the said order was not challenged by the State or acquiring

body. Therefore, she submits that therefore there was no reason for the

reference court to reduce the compensation in present appeals. She

therefore, prays to allow the appeals.

6.    The learned AGP for the State strongly opposed the aforesaid

averments by contending that infact the order passed in those LARs is

contrary to the sale instances and in the present matters comparable sale

instances were considered by the reference court and has rightly granted

compensation.

7.    Though served, none appears for respondent No. 2.

8.    I have considered the rival submissions, paper book, copy of order in

LAR No. 35/1998. I have also gone through the sale instances which were
                                                           FA 447/07 & Ors.
                                        3

considered in the present matters. I find that same sale instances below

Exhs. 16 and 17 were considered by the reference court in LAR No.

35/1998 and other connected matters and has granted compensation at

the rate of Rs.1000/- per R. There was no justification for the reference

court to grant less amount in the present matter. Therefore, considering

the above, I am inclined to allow the appeals partly and proceed to pass

the following order.

                                    ORDER

(I)     The appeals are partly allowed.

(II)    The appellants/claimants are entitled to receive an amount of

Rs.1000/- per R. for dry land.

(III)   The appellants/claimant shall be entitled to all consequential

statutory benefits under the provisions of the Land Acquisition Act, 1894

on the enhanced compensation.

(IV)    The impugned judgment and order of the reference court is modified

to that extent.

(V)     Rest of the award is maintained.

(VI)    Civil Applications, if any, stands disposed of.



                                            ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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