Bombay High Court

THE STATE OF MAHARASHTRAversusGABAJI JIJABAI THUBE THR LRS

Disposal: DISMISSED
Bench: ARUN R PEDNEKER

Holding

The appeal is dismissed; the reference court's award of Rs.28,000 per hectare is upheld.

Summary

The State of Maharashtra appealed a reference court award that granted the claimants compensation of Rs.28,000 per hectare for agricultural land acquired under Section 4 of the Land Acquisition Act. The land, classified as Jirayat, was acquired for a percolation tank project. The reference court had based its valuation on a sale of adjacent Bagayat land, applying a 30% reduction for a well on the land and a further 50% reduction to arrive at the Jirayat land price. The State argued that the reference court improperly used the Bagayat sale and that no further reduction beyond the 80% already applied was permissible. The judge examined the reference court's calculations and found no error, concluding that the compensation award was proper. Consequently, the appeal was dismissed, upholding the reference court's award.

Issues considered

Whether the reference court erred in using the sale price of Bagayat land to determine compensation for Jirayat land
Whether an additional reduction beyond the 80% already applied to the Bagayat land price is permissible

Legislation cited

Land Acquisition Act — s. 4

Subjects

land acquisition
compensation
Jirayat land
Bagayat land
valuation
reference court
Section 4
appeal

Judgment

2026:BHC-AUG:19563



                                                     1
                                                                        465.06FA

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                924 FIRST APPEAL NO. 465 OF 2006

                                 THE STATE OF MAHARASHTRA
                                              VERSUS
                                      GABAJI JIJABAI THUBE
                          THROUGH L.RS. BABU GABAJI THUBE & OTHERS
                                                 ...
                            AGP for the appellant-State : Mr.S.S.Dande
                                                …

                                             CORAM : ARUN R. PEDNEKER, J.
                                             DATE        : 28.04.2026

                     P.C. :


                     1]          By way of present First Appeal, the appellant

                     challenges the award of the Reference Court granting

                     enhanced compensation to the claimants @ Rs.28,000/- per

                     hector for the acquired land.


                                 The brief facts of the case:


                     2]          The agricultural land bearing Survey No.694/1

                     admeasuring 2 Hector 39 R. and Survey No. 694/2

                     admeasuring 2 Hector 55 R. situated at village Parner,

                     Taluka Parner, District Ahmednagar, belonging to the
                              2
                                                    465.06FA

claimants, came to be acquired by the Special Land

Acquisition Officer for the project of percolation tank No.2,

Panoli. The notification under Section 4 of the Land

Acquisition Act was published on 24.08.1983. The lands

acquired were jirayat lands and the compensation was

awarded @ Rs.3,000/- to 4,000/- per hector for Jirayat

land. Thereafter, the claimants challenged the award before

the Reference Court. The Reference Court has relied upon

the sale instance at Exh.58 and testimony of PW-2 and the

Reference Court has awarded the compensation @

Rs.28,000/- per hector to the claimants. The Appellant-

State challenges the said award by filing the present First

Appeal.


3]          The learned AGP for the appellant-State submits

that the acquired lands of the claimants are Jirayat lands.

The Reference Court has awarded the compensation to the

claimants considering the sale instance of Bagayat land, as

such, the award of the Reference Court is unjust and

improper.
                              3
                                                    465.06FA

4]          Perusal of the award, I find that the Reference

Court has relied upon the sale instance, which is at Exh. 58

and the vendee under the sale instance has purchased the

bagayat land @ Rs.80,952/- per hector. The bagayat land

has a ‘well’ and it was purchased by neighbouring person, as

such, 30% reduction of price was made and the market

price of the bagayat land was considered by the Reference

Court as Rs.56,000/- per hector. The Reference Court has

further reduced the price of bagayat land 50% to arrive at

the price of jirayat land. Considering the said fact, the

Reference Court has granted compensation of Rs.28,000/-

per hector to the claimants. Already 80% reduction is made

by the Reference Court to the price of bagayat land. No

further reduction can be made. As such, I see no error in the

award passed by the Reference Court. Hence, the First

Appeal is dismissed.



                                  [ARUN R. PEDNEKER]
                                        JUDGE
DDC

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