MAROTI DHONDIBA MANE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

2026:BHC-AUG:28587

                                                                       27-FA-5050-2017.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                               27 FIRST APPEAL NO. 5050 OF 2017

                                   Maroti Dhondiba Mane And Anr
                                               VERSUS
                                  The State Of Maharashtra And Ors

                                              ...
          Mr. Gajanan Sontakke for the Appellants.
          Mr. D. R. Korde, AGP for State.
          Mr. Anup Nikam for Respondent No.3.
                                              ...


                                            CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                            DATE :       10 JULY 2026

          P. C.:

          1.        Admit.

          2.        As the acquisition proceeding is of the year 1997 and the matter was

          placed for final hearing, heard finally with the consent of learned counsel

          for the respective parties.

          3.        By this Appeal, the Appellants-original claimants are aggrieved by the

          judgment and order dated 21st December 2013, passed by the Civil Judge

          Senior Division, Gangakhed, Dist. Parbhani in LAR No.836 of 1997 whereby

          the Reference Court dismissed the reference filed by the claimants.

          4.        The land of the Appellants/claimants was acquired for the purpose of

          construction of percolation tank of Landakwadi. The notification under

          Section 4 was published on 3 rd January 1986. The award was published on

          25th June 1987 and notice under Section 12(2) was served on 25 th June
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1987. The possession was taken in the year 1986. The SLAO granted

compensation @Rs.3600/- per acre whereas the claimants claimed the same

@Rs.20,000/- per acre. The Reference Court dismissed the Reference,

aggrieved by which the present First Appeal is filed.

5.        The learned counsel for the Appellants/claimants submits that it is the

case of the claimants that the SLAO has granted inadequate compensation

against which they filed reference under Section 18, but the Reference Court

recorded finding that the SLAO granted adequate compensation and

wrongly dismissed the reference without assigning reasons thereto. The

claimants had produced on record sale instances which were not considered

by the Reference Court. He further submits that the acquired land contained

black cotton soil and borne good yearly income. He submits that though the

adjoining land was sold at a lower market value, the same cannot be a basis

to determine compensation with respect to the present acquired land as the

acquired land was of a higher fertility and quality than the land instance

relied upon by the SLAO. There were a bunch of sale instances ranging from

lowest value of Rs.1980 to Rs.37,037/- but the SLAO considered average of

these sale instances rather than relying upon sale instance bearing highest

market value. The Reference Court did not consider sale instances below

Exhs.64 and 67 in their proper perspective. He therefore submits that the

learned Reference Court ought to have considered these aspects and granted

enhanced compensation but refused to do so. Hence, he prayed to allow the

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present Appeal thereby enhancing the compensation.

6.        Per contra, learned counsel for the Respondent No.3 and learned AGP

vehemently submit that the Reference Court has rightly dismissed the

reference. They submit that the sale instances placed on record were either

from village Sawargaon or Tehsil Gangakhed. None of the sale deed was

from the village Landakwadi. The sale instances at Exhs.64 and 67 produced

by the claimants were already considered by the SLAO while granting

compensation. They further submit that the claimants failed to prove that

the rate granted by the SLAO was inadequate by contending that the

Reference Court has recorded a finding that the claimant has admitted in

cross-examination that acquired land is situated at a distance of 15 kms

from Gangakhed, 10 kms from Sawargaon and 2 kms from the road.

Therefore, the acquired land was of lower market value. Therefore, they

pray to dismiss the present First Appeal.

7.        I have considered the submissions advanced and perused the

impugned award. The learned Reference Court has recorded a finding that

the claimant in his cross-examination has deposed that the acquired land is

situated at a distance of 15 kms from Gangakhed, 10 kms from Sawargaon

and 2 kms from the road. The sale instance dated 17 th February 1983 filed at

Exh.64 and another sale instance of Survey No.429 were from village

Ranisawargaon. The sale deeds below Exh.64 and 67 were already

considered      by   the   SLAO    while    determining   compensation.         The

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Appellants/claimants failed to make out a case for enhancement of

compensation by tendering cogent evidence and therefore, learned

Reference Court rightly dismissed the reference by recording a finding that

SLAO has granted adequate compensation. Therefore, I am of the opinion

that interference in the impugned award is not warranted and the First

Appeal being devoid of merits deserves to be dismissed.

8.        The First Appeal is therefore dismissed. No order as to costs.

9.        Pending Civil Applications, if any, stand disposed of.



                                          [SIDDHESHWAR S. THOMBRE, J.]




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