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Bombay High Court

DAYANAND VISHWANATH DHAVALE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the 50% deduction was excessive and should be reduced to 20%, thereby increasing the compensation payable to the claimants.

Summary

The appellants, original claimants in a 2008 land acquisition for the Karkheli Storage Tank, challenged the compensation awarded by the Learned Additional Officer (LAO) as inadequate. They argued that the Reference Court had improperly deducted 50% from the sale consideration of a comparable sale (Exhibit 16) without a clear basis, and that compensation for trees was insufficient. The acquiring body contended that the LAO had already considered all relevant sale instances and that only one claimant had provided evidence, so no enhancement was warranted. The Court examined the valuation methodology and found the 50% deduction excessive, directing a reduced deduction of 20% instead. Consequently, the Court partially allowed the claimants' appeals, increased the per‑hectare compensation for dry, seasonally irrigated, and irrigated lands, and dismissed the acquiring body’s appeals, leaving the rest of the Reference Court’s order intact.

Issues considered

  • Whether the 50% deduction from the sale consideration of Exhibit 16 was justified.
  • Whether the compensation awarded for the acquired lands and trees was adequate under the applicable land acquisition law.
  • Whether the Reference Court erred in enhancing compensation based on limited evidence.

Subjects

  • land acquisition
  • compensation
  • valuation
  • sale consideration
  • deduction
  • trees
  • Karkheli Storage Tank
  • High Court
  • appeal

Judgment

2026:BHC-AUG:29355

                                                                     904-FA-699-2017.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                              904 FIRST APPEAL NO. 699 OF 2017

                                     Megha Pralhadrao Biradar
                                              VERSUS
                                 The State Of Maharashtra And Ors

                                             WITH
                                  FIRST APPEAL NO. 576 OF 2017

                                     Rohidas Mahadu Dhawle
                                             VERSUS
                               The State Of Maharashtra And Others

                                             WITH
                                  FIRST APPEAL NO. 577 OF 2017

                             Dayanand Vishwanath Dhavale And Others
                                             VERSUS
                               The State Of Maharashtra And Others

                                             WITH
                                 FIRST APPEAL NO. 5001 OF 2017

                    Executive Engineer, (medium Project) Division, Latur And Ors
                                              VERSUS
                                   Uttam Panditrao Patil And Anr

                                             WITH
                                 FIRST APPEAL NO. 5075 OF 2017

                    Executive Engineer, (medium Project) Division, Latur And Ors
                                              VERSUS
                                Gangadhar Bhaurao Jadhav And Ors

                                             WITH
                                 FIRST APPEAL NO. 5083 OF 2017

                    Executive Engineer, (medium Project) Division, Latur And Ors
                                              VERSUS
                                        Wahedabi Sayyed Lal

          Shubham                                                             Page 1 of 12
                                                           904-FA-699-2017.doc




                                   WITH
                       FIRST APPEAL NO. 2032 OF 2016

                         Sadanand Shamrao Valakatte
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 5086 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                       Jabbar Sayyadlal Sayyad And Anr

                                   WITH
                       FIRST APPEAL NO. 5087 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                      Subhash Narshing Kamble And Anr

                                   WITH
                       FIRST APPEAL NO. 5082 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                       Sayyed Ismail Sayyed Lal And Ors

                                   WITH
                       FIRST APPEAL NO. 1770 OF 2016

                           Sangram Ramrao Bhalke
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 1776 OF 2016

                       Ramesh Sopan Mogale And Anr
                                   VERSUS
                     The State Of Maharashtra And Others


Shubham                                                             Page 2 of 12
                                                           904-FA-699-2017.doc


                                   WITH
                       FIRST APPEAL NO. 1774 OF 2016

                        Uttam Panditrao Patil And Anr
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 2031 OF 2016

                       Deelip Ramrao Patil And Another
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 5072 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                           Sikandar Bapurao Holkar

                                   WITH
                       FIRST APPEAL NO. 5076 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                           Nagnath Sambhaji Bhalke

                                   WITH
                       FIRST APPEAL NO. 5084 OF 2017

       Executive Engineer, (medium Project) Division, Latur And Ors
                                 VERSUS
    Chandrkant Raghunath Jadhav (died) Thr Lrs Sulochanabai And Ors

                                   WITH
                       FIRST APPEAL NO. 5089 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
           Afsarbi Sayyadlal Sayyed (died) Thr Lrs Malanbee And Anr

                                     WITH

Shubham                                                             Page 3 of 12
                                                           904-FA-699-2017.doc


                       FIRST APPEAL NO. 5000 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                        Ramesh Sopan Mogale And Anr

                                   WITH
                       FIRST APPEAL NO. 5073 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                          Daivshala Sriram Tapshalkar

                                   WITH
                       FIRST APPEAL NO. 1771 OF 2016

          Hansraj Sopan Kamble Died Thr Lrs Panchasheela And Others
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                        FIRST APPEAL NO. 691 OF 2017

                           Nagnath Sambhaji Bhalke
                                    VERSUS
                       The State Of Maharashtra And Ors

                                   WITH
                       FIRST APPEAL NO. 5088 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                           Sayyed Habib Sayyed Lal

                                   WITH
                        FIRST APPEAL NO. 635 OF 2016

                    Gangadhar Bhaurao Jadhav And Others
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                        FIRST APPEAL NO. 666 OF 2017

Shubham                                                             Page 4 of 12
                                                           904-FA-699-2017.doc




           Pralahd Ganpatrao Biradar Died Thr Lrs Muktabai And Ors
                                   VERSUS
                      The State Of Maharashtra And Ors

                                   WITH
                       FIRST APPEAL NO. 1773 OF 2016

                     Nagnath Sambhjaji Bhalke And Others
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 4994 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                            Sangram Ramrao Bhalke

                                   WITH
                       FIRST APPEAL NO. 5080 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                         Sadanand Shamrao Valakatte

                                   WITH
                       FIRST APPEAL NO. 1768 OF 2016

                       Govind Gunwant Bhalke And Anr
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 5074 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
           Bapurao Narayan Holkar (died) Thr Lrs Awadabai And Anr

                                   WITH
                       FIRST APPEAL NO. 1765 OF 2016


Shubham                                                             Page 5 of 12
                                                           904-FA-699-2017.doc


                         Sambhaji Ganpatrao Kamble
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 4999 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                       Madhav Gurunath Bhalke And Ors

                                   WITH
                       FIRST APPEAL NO. 4992 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                           Madhukar Sopan Gaikwad

                                   WITH
                       FIRST APPEAL NO. 1772 OF 2016

                     Rasikabai Srirang Kamble And Others
                                    VERSUS
                     The State Of Maharashtra And Others

                                    WITH
                     CIVIL APPLICATION NO. 2498 OF 2022
                               IN FA/2033/2016

                     Venkatrao Namdeorao Kasle And Others
                                    VERSUS
          The State Of Maharashtra Through Collector, Latur And Others

                                   WITH
                       FIRST APPEAL NO. 4995 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                       Govind Gunwant Bhalke And Anr

                                   WITH
                       FIRST APPEAL NO. 4993 OF 2017


Shubham                                                             Page 6 of 12
                                                           904-FA-699-2017.doc


          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                           Megha Pralhadrao Biradar

                                   WITH
                       FIRST APPEAL NO. 4996 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                       Nagnath Sambhaji Bhalke And Ors

                                   WITH
                       FIRST APPEAL NO. 4991 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                      Pralhad Ganpatrao Biradar And Anr

                                   WITH
                       FIRST APPEAL NO. 4997 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                         Jaiprakash Sanganna Mogale

                                   WITH
                       FIRST APPEAL NO. 4998 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                          Sambhaji Ganpatrao Kamble

                                   WITH
                       FIRST APPEAL NO. 1775 OF 2016

                     Madhav Gurunath Bhalke And Others
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 5081 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors

Shubham                                                             Page 7 of 12
                                                           904-FA-699-2017.doc


                                   VERSUS
                          Deelip Ramrao Patil And Anr

                                   WITH
                       FIRST APPEAL NO. 5085 OF 2017

          Executive Engineer, (medium Project) Division, Latur And Ors
                                    VERSUS
                     Venkiatrao Namdeorao Kasle And Ors

                                   WITH
                       FIRST APPEAL NO. 2030 OF 2016

                     Subhash Narsing Kamble And Another
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 2033 OF 2016

                    Venkatrao Namdeorao Kasle And Others
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 2034 OF 2016

    Chandrakant Raghunath Jadhav Since Deceased Thr Lrs Sulochanabai
                    Chandrakant Jadhav And Others
                                VERSUS
                  The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 2036 OF 2016

                           Sikandar Bapurao Holkar
                                   VERSUS
                     The State Of Maharashtra And Others

                                   WITH
                       FIRST APPEAL NO. 2037 OF 2016

Afsarbi Sayyadlal Sayyed Since Deceased Through Lrs Malanbee Khadarsab

Shubham                                                             Page 8 of 12
                                                             904-FA-699-2017.doc


                                Jamadar And Anr
                                    VERSUS
                      The State Of Maharashtra And Others

                                    WITH
                        FIRST APPEAL NO. 2038 OF 2016

     Jabbar Sayyadlal Sayyad And Khajalal Minor U/g Mother Marembee
                             Sayyadlal Sayyad
                                 VERSUS
                   The State Of Maharashtra And Others

                                    WITH
                        FIRST APPEAL NO. 2035 OF 2016

Bapurao Narayan Holkar Since Deceased Thr His Lrs Awadabai And Another
                               VERSUS
                 The State Of Maharashtra And Others

                                      ...
Mr. Ashwin S. Sakolkar a/w H. B. Nandagavale h/f Mr. Vijay G. Sakolkar for
the Appellants.
Mr. D. R. Korde, AGP for State.
Mr. B. R. Surwase for the acquiring body.
                                     ….

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

P. C.:

1.        Admit.

2.        As the acquisition proceeding is of the year 2008, heard finally with

the consent of learned counsel for the respective parties.

3.        In all these Appeals, the Appellants-original claimants are aggrieved

by the judgment and award dated 4 th August 2015, passed by learned Jt.

Civil Judge Senior Division, Udgir in several LARs, whereby enhanced

compensation came to be granted.
Shubham                                                               Page 9 of 12
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4.        The lands of the claimants were acquired for construction of Karkheli

Storage Tank, Lohara. The possession was taken on 4 th April 2007 and 17th

October 2007. The notification under Section 4 was published on 27 th April

2007. The award was made on 17th June 2008 and the Petitioner came to

know about the award on 23rd June 2008. The LAO granted compensation

@Rs.2,20,000/-, Rs.3,30,000/- and Rs.4,40,00/- per hector for dry lands,

seasonally irrigated lands and irrigated lands respectively.

5.        Mr. Ashwin Sakolkar a/w Mr. H. B. Nandagavale h/f Mr. Vijay

Sakolkar, learned counsel for the claimants submit that the LAO granted

inadequate compensation against which the claimants preferred references

wherein the quantum of compensation came to be enhanced by relying upon

sale instances at Exhs.16 to 18. The learned Reference Court erroneously

deducted 50% from the sale consideration of sale instance at Exh.16 while

determining market value of the lands acquired. He further submits that

such excessive deduction is unjust. He contends that the LAO granted

meager compensation for the trees. The claimants have proved valuer’s

report but the Reference Court failed to enhance the compensation as per

the market value stated in those reports. Therefore, he submits that the

claimants have made out a case for further enhancement in the present

Appeals. Hence, he prays to allow the Appeals filed by the claimants and

dismiss the Appeals filed by the acquiring body.

6.        Mr. Surwase appears for the acquiring body in some matters. Despite

Shubham                                                                Page 10 of 12
                                                           904-FA-699-2017.doc


service, none appears for the acquiring body in other matters. Upon request,

Mr. Surwase appears in other matters on behalf of the acquiring body.

7.        Mr. Surwase, learned counsel appearing for the acquiring body

submits that LAO while determining compensation has already referred in

all 35 sale instances between the period from 7 th January 2005 to 8th March

2007. He further submits that only one claimant has stepped into witness

box and rest of the claimants have not proved their case for enhancement as

to whether acquired lands were dry, semi irrigated or irrigated and the

learned Reference Court ought not to have enhanced the compensation on

the basis of sole testimony of one claimant. He therefore, prays to dismiss

the Appeals filed by the claimants and allow the Appeals filed by the

acquiring body.

8.        I have heard learned counsel for the respective parties and gone

through record. The claimants had relied upon the sale instance below

Exh.16 which discloses that the southern boundary of the land therein is

abutting the Renapur road and thus it has facility of road frontage and easy

access. Thus, the land in said sale instance fetches higher value, whereas the

lands acquired do not have such facility which reduces its value. Therefore,

the learned Reference Court reduced 50% from the value of sale

consideration of the land in the said sale instance. But while applying such

deduction, the learned Reference Court has not given any criteria for such

deduction. It has failed to give reason for arriving at deduction of 50% from

Shubham                                                            Page 11 of 12
                                                                    904-FA-699-2017.doc


the value of the sale consideration only upon guesswork. In my opinion, the

deduction of 50% is excessive and impugned award warrant interference to

that extent. Thus, I am inclined to partly allow the present Appeals thereby

applying deduction of 20% in the sale consideration of the sale instance

below Exh.16. Hence, I pass the following order:-

                                        ORDER

          i.    The Appeals filed by the claimants are partly allowed and the

                Appeals filed by the acquiring body are dismissed.

          ii.   The claimants are entitled to compensation of Rs.10,48,000/-,

                Rs.15,72,960/-, Rs.20,97,280/- per hector for dry lands, seasonal

                irrigated lands and irrigated lands respectively.

          iii. Rest of the order passed by the learned Reference Court stands

                confirmed.

          iv.   Award be drawn up accordingly.


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



                                            [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                     Page 12 of 12


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