STATE OF MAHAversusVASANTABAI BUDHA NHAVI and ORS

2026:BHC-AUG:7261


                                                                    909 FA NO. 933 OF 2003.odt


                           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                      BENCH AT AURANGABAD
                                    909 FIRST APPEAL NO. 933 OF 2003
                                            State Of Maharashtra
                                                   VERSUS
                                      Vasantabai Budha Nhavi And Ors
                                                      ...
                    Mr. V. V. Jahagirdar, AGP for Appellant/State
                    Mr. P. B. Joshi h/for Mr. C. R. Deshpande, Advocate for
                    Respondent
                                                    WITH
                                   CIVIL APPLICATION NO. 5772 OF 2003
                                               IN FA/933/2003
                                                     ….

                                        CORAM : SANJAY A. DESHMUKH, J.
                                          DATE : 17.02.2026
                    PER COURT :-

                    1.        This appeal is preferred against the judgment and

                    award dated 08.04.2002 passed by the learned Land Reference

                    Court, Dhule District Dhule in L.A.R. No.80 of 2000.


                    2.        The     claimants’   land   bearing   Block       No.137/1,

                    admeasuring 3 Hectares 96 Ares, was acquired by the State

                    Government for the purpose of the Wadi-Shewadi Project pursuant

                    to the notification issued and published under Section 4 of the

                    Land Acquisition Act, 1894, dated 22.01.1998. The Special Land

                    Acquisition Officer awarded compensation of Rs.1,37,757/-, i.e.,

                    Rs.34,787/- per hectare to the acquired land of the claimants. The


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learned Reference Court, however, enhanced the amount of

compensation and awarded Rs.2,00,000/- per hectare.


3.        The learned AGP for the appellant–State submitted that the

impugned judgment and award is illegal and unsustainable in the

eyes of law. He further submitted that the learned Reference Court

failed to consider the entire evidence on record and awarded an

excessive amount of compensation. The sale exemplar at Exhibit-18

was not properly appreciated. He therefore prayed to allow the

appeal by setting aside the impugned judgment and award.


4.        Learned advocate for the respondents–claimants submitted

that the reasons and findings of the learned Reference Court are

based on the evidence available on record. He further submitted that

the learned Reference Court has rightly determined the market value

of the acquired land. There is no illegality or perversity in the

impugned judgment and award. There is no substance in the grounds

raised in the appeal. He prayed to dismiss the appeal.


5.        Perused the Record and Proceedings, particularly the sale

exemplar at Exhibit-18.      As per the said sale exemplar, the

agricultural land situated at village Shindkheda bearing Block

No.130/2, admeasuring 45 Are, was sold for a consideration of

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Rs.90,000/- on 02.09.1996. The notification under Section 4 is dated

22.01.1998. Thus, the sale exemplar was executed more than one and

a half years prior to the said notification and it is a reliable piece of

evidence. The learned Reference Court, in paragraph No.10 of the

impugned judgment, observed that the claimants are entitled to

compensation at the rate of Rs.2,00,000/- per hectare, i.e. Rs.2,000/-

per Are. It has rightly appreciated the evidence on record and

determined the correct market value of the acquired land of the

claimants. The reasons and findings of the learned Reference Court

are found legal and correct and no interference is warranted therein.

The appeal, therefore, deserves to be dismissed. Hence, the following

order.

                         ::ORDER::

a.         The First Appeal is 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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