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Bombay High Court

STATE OF MAHARASHTRAversusVASUDEO TUKARAM PATIL

Disposal
DISMISSED

Holding

The reference court correctly determined the market value of the acquired land using the highest sale exemplar, and the appeals are dismissed.

Summary

The State of Maharashtra appealed against the awards of compensation granted by the Land Reference Court in Amalner for three landowners whose properties were acquired for the Kurwel Distributary of the Hatnur Irrigation Project. The claimants were awarded Rs.1,311 per are for non‑irrigated land and Rs.2,622 per are for irrigated land based on the highest sale exemplar (Exhibit‑36) considered genuine and adjacent to the acquired plots. The State argued that the reference court failed to consider the entire evidence and that the market value was excessive, while the claimants contended that the court correctly applied the comparable sale method. The High Court examined the pleadings, evidence, and the reference court’s reasoning, finding that the use of the highest sale exemplar and the classification of land were proper. Consequently, the Court held there was no error in the reference court’s determination of market value and dismissed the appeals.

Issues considered

  • Whether the Land Reference Court erred in assessing the market value of the acquired land by relying on the highest sale exemplar.
  • Whether the compensation awarded to the claimants was excessive in view of the evidence on record.
  • Whether the reference court properly considered the nature of the land (irrigated vs non‑irrigated) in fixing rates.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • market value
  • reference court
  • irrigated land
  • non‑irrigated land
  • sale exemplar

Judgment

2026:BHC-AUG:7254


                                                                    906 FA NO. 693 OF 2003.odt


                           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                      BENCH AT AURANGABAD
                                    906 FIRST APPEAL NO. 693 OF 2003
                                           State Of Maharashtra
                                                   VERSUS
                                           Vasudeo Tukaram Patil
                                                       ...
                    Mr. S. B. Jadhav, AGP for Appellant-State
                    Mr. C. V. Borse h/for Mr. V. B. Patil, Advocate for Respondent
                                                AND
                                     FIRST APPEAL NO. 691 OF 2003
                                                State Of Maha
                                                   VERSUS
                                            Vimalbai Nimba Koli
                                                       …
                    Mr. S. B. Jadhav, AGP for Appellant-State
                    Mr. C. V. Borse h/for Mr. V. B. Patil, Advocate for Respondent
                                                     AND
                                      FIRST APPEAL NO. 692 OF 2003
                                                State Of Maha
                                                   VERSUS
                                           Narayan Pralhad Patil
                                                       …
                    Mr. S. B. Jadhav, AGP for Appellant-State
                    Mr. C. V. Borse h/for Mr. V. B. Patil, Advocate for Respondent

                                       CORAM : SANJAY A. DESHMUKH, J.
                                          DATE : 17.02.2026
                    ORDER :-

                    1.         These appeals are preferred by the State Government

                    against the common judgment and award dated 03.05.2002

                    passed by the learned Land Reference Court Amalner, District

                    Jalgoan in L.A.R. Nos.286 of 1993, 290 of 1993 and 647 of 1993

                    respectively.

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                                   (( 2 ))      906 FA NO. 693 OF 2003


2.        The following chart reflects all the material particulars of

the appeals.


First    L.A.R.    Block Area     Compensation   Compensation
Appeal   Nos.      No.            awarded by LAO awarded by Reference
Nos.                                             Court
FA/      286/1993 120    77 Are 291/- per Are    2,622/- per Are for
693/20                                           irrigated land and
03                                               1,311/- per Are for
                                                 non-irrigated land
FA/      290/1993 207    18 Are 291/- Per Are    2,622/- per Are for
691/20                                           irrigated land and
03                 209   56 Are                  1,311/- per Are for
                                                 non-irrigated land
FA/      647/1993 117    75 Are 275/- per Are    2,622/- per Are for
692/20                                           irrigated land and
03                                               1,311/- per Are for
                                                 non-irrigated land




3.        Learned AGP for the Appellant-State pointed out the

pleadings, the evidence, the grounds of objections of the appeals and

the reasons and findings of the learned Reference Court. He

submitted that the land of the claimants was acquired by the State

Government for the construction of the Kurwel Distributary of the

Hatnur Irrigation Project, Taluka Amalner, District Jalgaon.             He

further submitted that the learned Reference Court failed to consider

the entire evidence on record and awarded an excessive amount of

compensation. He submitted that the market value of the acquired

land as on the date of the notification issued under Section 4 of the

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                                  (( 3 ))      906 FA NO. 693 OF 2003


Land Acquisition Act, 1894, dated 29.06.1989, is not based on the

evidence on record. Therefore, he prayed to allow the appeals by

setting aside the impugned judgment and award.



4.        Learned advocate for the respondents–claimants strongly

opposed the appeals and submitted that the learned Reference Court

considered the highest sale exemplar at Exhibit-36 and awarded

compensation at the rate of Rs.1,311/- per Are for non-irrigated land

and Rs.2,622/- per Are for irrigated land. He further submitted that

the reasons and findings of the learned Reference Court are legal and

correct and no interference is warranted therein.       He prayed to

dismiss the appeals.



5.        Perused the pleadings, the evidence, the grounds of

objections raised in the appeals and the reasons and findings of the

learned Reference Court. The learned Reference Court, in paragraph

No.23, relied upon the sale exemplar at Exhibit-36, which is the sale

exemplar of the highest value, and held that it is genuine and

adjacent to the lands of the claimants while answering Issue No.1.

The nature of the land, whether irrigated or non-irrigated, was also

determined by the learned Reference Court on the basis of the 7/12

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                                     (( 4 ))       906 FA NO. 693 OF 2003


extracts. Thus, on the basis of a comparable sale exemplar, the

learned Reference Court has rightly determined the market value of

the acquired lands. Therefore, there is no scope for interference in the

impugned judgment and award. The appeals deserve to be dismissed.

Hence, the following order.

                         ::ORDER::

a.         The First Appeals are dismissed.

b.         Pending civil applications, if any, are disposed of.

c.         No order as to costs.



                                   [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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