THE STATE OFMAHARASHTRAversusJAGAN PUNA KOLI

2026:BHC-AUG:45705
                                                                           209-FA-709-2009.odt
                                                  1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               209 FIRST APPEAL NO. 709 OF 2009

                                     The State of Maharashtra
                                             VERSUS
               Jagan Puna Koli (Died) Through L.Rs. Madhukar Jagan Koli and Others

                                             ……
          Mr. D.R. Korde, AGP for Appellant-State
          Mr. A.B. Kale, Advocate for Respondents-Claimans
                                             ……

                                           CORAM : SIDDHESHWAR S. THOMBRE, J.
                                           DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.       Heard the learned counsel for the respective parties.


          2.       This First Appeal is directed against the Judgment and Award dated

          25.04.2000 passed by the learned Civil Judge, Senior Division, Jalgaon, in

          Land Acquisition Reference No.127 of 2000, whereby the learned Reference

          Court partly allowed the reference under Section 18 of the Land Acquisition

          Act, 1894 (for short, “the Act”), and enhanced the compensation awarded to

          the respondent-claimant along with the statutory benefits.


          3.       The respondent-claimant's land admeasuring 1 Hectare 19 R out of

          Gat No.54/B, situated at village Bhoras Bk. Taluka Chalisgaon, District

          Jalgaon, came to be acquired for the purpose of submergence. The

          notification under Section 4 of the Act was published on 14.03.1996. The

          Special Land Acquisition Officer passed the award under Section 11 of the
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Act on 31.03.1999 and awarded total compensation of Rs.1,62,421/-. The

claimant, accepted the said amount under protest, sought a reference under

Section 18 of the Act for enhancement of compensation.


4.     The learned Reference Court, upon appreciation of the evidence on

record, enhanced the market value to Rs.3,00,000/- per Hectare for jirayat

land, Rs.6,00,000/- for bagayat lands, together with the statutory benefits.

Hence, the present appeal by the State.


5.     Learned AGP appearing for the appellant-State submitted that the

learned Reference Court erred in enhancing the compensation in the

absence of cogent and reliable evidence. According to him, the sale instance

relied upon by the Reference Court was not a comparable transaction as it

related to land situated at village Bhilkhed and not at village Bhoras. It is,

therefore, submitted that the impugned Judgment and Award be set aside.


6.     Learned    counsel   for   the   respondent-claimant    supported       the

impugned Judgment and Award. He submitted that the sale instance relied

upon by the Reference Court was a bona fide transaction relating to land

situated at village Bhilkhed, which is adjacent to the acquired land at village

Bhoras, and was executed on 02.02.1995, i.e. prior to the notification under

Section 4 of the Act. He submits that the learned Reference Court has rightly

awarded the compensation, therefore prays to dismiss the appeal.
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7.     I have considered the rival submissions and perused the Record and

Proceedings and the impugned Judgment and Award.


8.     The learned Reference Court has relied upon the sale instance dated

02.02.1995 relating to land situated at village Bhilkhed, an adjoining

village, wherein 96 R land was sold for a consideration of Rs.2,65,000/- ,

therefore rate comes to Rs.2,76,041- per Hectare, and by giving 10%

escalation for one year the rate comes to Rs.3,03,645/- per Hectare,, The

learned reference Court fixt the rate of Rs.3,00,000/- per Hectare and after

considering the 7/12 extract treated the acquired land as jirayat land.

Though the transaction does not relate to the same village, the fact that it

pertains to an adjoining village would not, by itself, make the sale instance

irrelevant. The transaction is prior to the notification under Section 4 of the

Act and the appellant has not pointed out any material circumstance

demonstrating that the sale instance was not genuine or that the lands

covered by the transaction were so dissimilar as to render it wholly

incomparable.


9.     Upon an independent consideration of the evidence on record, I find

that the learned Reference Court has based its determination on the relevant

material and has assigned separate rates having regard to the nature and

classification of the land. The compensation determined by the learned

Reference Court appears to be just, proper and reasonable. The findings
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recorded by the learned Reference Court do not suffer from any perversity,

illegality or material irregularity warranting interference in appellate

jurisdiction. Consequently, the appeal, being devoid of merit, deserves to be

dismissed.


11.        The First Appeal is dismissed.


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



                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE




S P Rane