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Bombay High Court

STATE OF MAHAversusSHANTABAI KISAN

Disposal
DISMISSED

Holding

The Reference Court's award of Rs.3,70,000 per hectare and the tree compensation amounts are reasonable and not perverse, so the appeals are dismissed.

Summary

The State Government appealed ten separate land acquisition awards where the Special Land Acquisition Officer had fixed compensation for agricultural lands acquired for a minor irrigation tank project. The Reference Court had enhanced the compensation to Rs.3,70,000 per hectare and awarded specific amounts for mango, jujube and tamarind trees based on expert horticulture reports. The State argued that the awards were excessive and that the court failed to consider the nature of the land and the lack of 7/12 extracts. The respondents contended that the court properly evaluated the sale exemplar, market value of the land and the fruit‑bearing capacity of the trees, and that no perversity existed. The High Court examined the evidence, found the sale exemplar genuine, accepted the horticulture expert’s valuation, and held that the compensation was reasonable. Consequently, the Court dismissed all the appeals and confirmed the awards.

Issues considered

  • Whether the Reference Court erred in enhancing compensation to Rs.3,70,000 per hectare for the acquired agricultural land
  • Whether the expert horticulture report on tree valuation was properly considered
  • Whether the sale exemplar and lack of 7/12 extracts affect the validity of the compensation award
  • Whether the awarded compensation amounts are perverse or illegal

Subjects

  • Land acquisition
  • Compensation
  • Market value
  • Expert report
  • Tree valuation
  • Appeal
  • Reference court

Judgment

2026:BHC-AUG:3063


                                                              945 FA NO. 689 OF 2003 +++.odt


                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD
                                  945 FIRST APPEAL NO. 689 OF 2003
                    1.   Special Land Acquisition Officer,
                         (MIW), Jalgaon

                    2.   The Executive Engineer,
                         (MIW), Jalgaon                            ..Appellants
                                                             (Orig. Respondents)
                         VERSUS

                         Vasant Gopal Bhoite
                         Age: major, Occu: Agri.
                         R/o Kalamsara,
                         Ta;. Pachora, Dist. Jalgaon               ...Respondent
                                                                 (Orig. Petitioner)
                                               WITH
                                    FIRST APPEAL NO. 687 OF 2003
                    1.   Special Land Acquisition Officer,
                         (MIW), Jalgaon

                    2.   The Executive Engineer,
                         (MIW), Jalgaon                            ..Appellants
                                                             (Orig. Respondents)
                         VERSUS

                         Ganpat Ramkrishna
                         Age: major, Occu: Agri.
                         R/o Kalamsara,
                         Ta;. Pachora, Dist. Jalgaon               ...Respondent
                                                                 (Orig. Petitioner)
                                                 WITH
                                    FIRST APPEAL NO. 688 OF 2003

                    1.   Special Land Acquisition Officer,
                         (MIW), Jalgaon

                    2.   The Executive Engineer,
                         (MIW), Jalgaon                            ..Appellants
                                                             (Orig. Respondents)

                                                                                    1 of 9
                                   (( 2 ))    945 FA NO. 689 OF 2003 +++


     VERSUS

     Sakharam Jivan Bhoi,
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                  ...Respondent
                                                (Orig. Petitioner)
                            WITH
                 FIRST APPEAL NO. 683 OF 2003

1.   Special Land Acquisition Officer,
     (MIW), Jalgaon

2.   The Executive Engineer,
     (MIW), Jalgaon                               ..Appellants
                                             (Orig. Respondents)
     VERSUS

     Purshottam Kadu Chaudhari
     Age: major, Occu: Agri.
     R/o Kalamsara, for himself
     and S.P.A. of Bhagwan Kadu
     Chaudhari, Occu: Agri.,
     R/o. Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                 ...Respondent
                                                (Orig. Petitioner)
                            WITH
                 FIRST APPEAL NO. 684 OF 2003
1.   Special Land Acquisition Officer,
     (MIW), Jalgaon

2.   The Executive Engineer,
     (MIW), Jalgaon                                ..Appellants
                                                (Orig. Respondents)
     VERSUS

     Shriram Kadu Chaudhari
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                  ...Respondent
                                                 (Orig. Petitioner)

                                                                  2 of 9
                                   (( 3 ))     945 FA NO. 689 OF 2003 +++


                            WITH
                 FIRST APPEAL NO. 698 OF 2003

1.   Special Land Acquisition Officer,
     (MIW), Jalgaon

2.   The Executive Engineer,
     (MIW), Jalgaon                                   ..Appellants
                                                   (Orig. Respondents)

     VERSUS

     Smt. Dropadabai Kadu Chaudhari,
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                     ...Respondent
                                                    (Orig. Petitioner)

                            WITH
                 FIRST APPEAL NO. 690 OF 2003

1.   Special Land Acquisition Officer,
     (MIW), Jalgaon

2.   The Executive Engineer,
     (MIW), Jalgaon                                ..Appellants
                                             (Orig. Respondents)

     VERSUS

     Ramkrishna Mahipat,
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                   ...Respondent
                                                  (Orig. Petitioner)
                            WITH
                 FIRST APPEAL NO. 694 OF 2003

1.   Special Land Acquisition Officer,
     (MIW), Jalgaon



                                                                   3 of 9
                                   (( 4 ))     945 FA NO. 689 OF 2003 +++


2.   The Executive Engineer,
     (MIW), Jalgaon                                ..Appellants
                                             (Orig. Respondents)
     VERSUS

     Shantabai Kisan,
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                   ...Respondent
                                                  (Orig. Petitioner)
                            WITH
                 FIRST APPEAL NO. 695 OF 2003
1.   Special Land Acquisition Officer,
     (MIW), Jalgaon

2.   The Executive Engineer,
     (MIW), Jalgaon                                  ..Appellants
                                                   (Orig. Respondents)
     VERSUS

     Bhausaheb Panditrao Bhoite,
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                  ...Respondent
                                                 (Orig. Petitioner)
                            WITH
                 FIRST APPEAL NO. 699 OF 2003

1.   Special Land Acquisition Officer,
     (MIW), Jalgaon

2.   The Executive Engineer,
     (MIW), Jalgaon                                   ..Appellants
                                                   (Orig. Respondents)

     VERSUS

     Nathu Panditrao Bhoite
     Age: major, Occu: Agri.
     R/o Kalamsara,
     Ta;. Pachora, Dist. Jalgaon                   ...Respondent
                                                  (Orig. Petitioner)

                                                                   4 of 9
                                       (( 5 ))    945 FA NO. 689 OF 2003 +++


                                   …
Mr. D. J. Patil, AGP for Appellants/State in all appeals
Mr. S. V. Dixit h/for Mr. V. J. Dixit, Advocate for Respondents in all
appeals
                                   ….
                      CORAM : SANJAY A. DESHMUKH, J.
                          DATE : 17.01.2026
ORAL JUDGMENT :-

1.            These   Appeals   have      been   preferred    by    the    State

Government against the impugned judgments and awards passed in

the Land Acquisition References, as given in the chart below.


Sr.   First    Appeal L.A.R.    Name        of Land     S.L.A.O. Reference
No    Nos.            Nos.      parties        acquired Rate per Court rate
                                                        Hectare per
                                                                 Hectare
1     FA/687/2003      17/2002 State   of 60 R           47,000/- 3,70,000/-
                               Mah.   Vs.
                               Ganpat
2     FA/688/2003      12/2002 State    of 2 H 15 R 59,000/- 3,70,000/-
                               Mah     Vs.
                               Sakharam
                               Bhoi
3     FA/689/2003      10/2002 State    of 1 H 62 R 50,000/- 3,70,000/-
                               Mah. Vasant
                               Bohite
4     FA/699/2003      16/2002 State       Of 50 R       60,000/- 3,70,000/-
                               Mah.        Vs.
                               Nathi
                               Bhoite
5     FA/690/2003      8/2002   State    of 10 R         53,000/- 3,70,000/-
                                Mah.    Vs.
                                Ramkisan
                                Mahipat
6     FA/694/2003      5/2002   State     of 3 H 19 R 50,000/- 3,70,000/-
                                Mah.    Vs.
                                Shantabai


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                                    (( 6 ))   945 FA NO. 689 OF 2003 +++


7    FA/695/2003      14/2002 State    of 1 H 05 R 50,000/- 3,70,000/-
                              Mah.    Vs.
                              Bhausaheb
                              Bhoite
8    FA/683/2003      04/2002 State     of 14 R      53,000/- 3,70,000/-
                              Mah      VS.
                              Purshottam
                              Chaudhari
9    FA/684/2003      18/2002 State     of 11 R      53,000/- 3,70,000/-
                              Mah.    Vs.
                              Sriram
                              Chaudhari
10   FA/698/2003      13/2002 State     of 10 R      53,000/- 3,70,000/-
                              Mah.     Vs.
                              Dropatibai
                              Chaudhari


2.        The learned AGP for the appellants-State pointed out the

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

the reasons and findings of the learned Reference Court.                   He

submitted that the agricultural lands of the claimants were acquired

by the State Government for the Project of Minor Irrigation Tank at

Kalamsara. He further submitted that the Special Land Acquisition

Officer awarded compensation as shown in the above chart.

However, the learned Reference Court enhanced the amount of

compensation and awarded compensation @ Rs.3,70,000/- per

hectare. He submitted that the learned Reference Court awarded an

excessive amount of compensation without properly considering the

evidence on record.


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                                  (( 7 ))       945 FA NO. 689 OF 2003 +++


3.         He further submitted that the report submitted by the

Horticulture Department was wrongly appreciated and that the

nature of the land, including potkharab land, was not considered by

the learned Reference Court. Even though the 7/12 extracts were not

produced on record, a huge amount of compensation was awarded.

He prayed to allow the appeals by setting aside the impugned

judgments and awards.



4.         The learned advocate for the respondents-claimants

strongly objected the appeals and submitted that the claimants had

proved their case for enhancement of compensation.                He further

submitted that the learned Reference Court considered the entire

evidence   on   record   and   awarded      a   reasonable      amount       of

compensation as per the market value of the acquired land as well as

mango trees, jujube trees, and tamarind trees etc. He therefore

submitted that unless any perversity is shown, the impugned

judgments and awards cannot be set aside. He prayed to dismiss the

appeals.



5.         Perused the Record and Proceedings, particularly the

evidence, the grounds of objections in the appeals, and the reasons

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                                  (( 8 ))   945 FA NO. 689 OF 2003 +++


and findings of the learned Reference Court. The learned Reference

Court considered the sale exemplar and held that it was genuine, as it

was executed prior to the acquisition of land. The sale exemplar

pertained to land admeasuring 81 Are and was sold for a

consideration of Rs.1,50,000/-.   The lands of the claimants were

irrigated lands. The learned Reference Court considered the quality

of the land and accordingly awarded a reasonable amount of

compensation @ Rs.3,70,000/- per hectare.



6.        As far as the trees are concerned, in paragraph No.15 of the

impugned judgment, the learned Reference Court considered the

report of the experts from the Horticulture Department, who visited

the field and found four jujube trees in block No.47, two mango trees

in block No.46/2, five mango trees in Block No.37, nine jujube trees

in Block No.47, two tamarind tree, one mango tree and two jujube

trees in Block No.52. The learned Reference Court considered the

fruit bearing capacity of the said trees along with their seasonable

income, accepted the expert report and awarded reasonable amount

of compensation i.e., Rs.25,000/- for per mango trees, Rs.8,000/- for

per jujube trees, Rs. 20,000/- for per tamarind trees. The

compensation awarded by the learned Reference Court is found to be

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                                    (( 9 ))    945 FA NO. 689 OF 2003 +++


reasonable as per the market rate. The evidence of the witnesses has

been properly appreciated and there is no perversity or illegality in

the impugned judgments and awards. Therefore, the award deserves

to be confirmed and no interference is warranted in it. Hence, the

following order:

                          ::ORDER::

i.         The first appeals are dismissed.

ii.        Pending civil applications, if any, stand disposed of.

iii.       No order as to costs.




                                   [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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