THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION(Z.P) OSMANABADversusBHAIRU SHAMRAO KOTHAWALE AND ORS

2026:BHC-AUG:31940

                                                                                FA 974/13
                                                   1

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                   23 FIRST APPEAL NO. 974 OF 2013

                     THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION(Z.P)
                                            OSMANABAD
                                              VERSUS
                              BHAIRU SHAMRAO KOTHAWALE AND ORS
                                                 ...
                               Advocate for Appellant : Mr. B.B. Bhise
                              AGP for Respondent/State : Mr. D.R. Korde
                                                 ...

                                    CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                    Dated       : July 27, 2026

              PER COURT :-

              1.     Mr. B.B. Bhise, learned counsel appears for appellant/acquiring body.

              In view of the same, Mr. R.V. Naiknavare, learned counsel is discharged.

              2.     Admit.

              3.     As the acquisition proceeding was initiated in the year 2000, heard

              finally with the consent of Mr. B.B. Bhise, learned counsel for appellant and

              Mr. D.R. Korde, learned AGP for respondent/State.

              4.     By this appeal, the appellant/acquiring body assails the judgment

              and award dated 13.12.2011 passed by the learned 3 rd Jt. Civil Judge,

              Senior Division, Osmanabad in LAR No. 215/2006 whereby the learned

              reference court enhanced the compensation.

              5.     Land of the claimant admeasuring 99 R. from Gat No. 488 and 8 R.

              land from Gat No. 520 situated at village Pimpalgaon (K), Tq. Washi,

              District Osmanabad was acquired for construction of tank at village

              Pimpalgaon (K). Notification under section 4 of the Land Acquisition Act

              was published on 16.3.2000. Declaration under section 6 of the Act was

              published on 1.7.2002. Thereafter award was passed by the Special Land
                                                                    FA 974/13
                                        2

Acquisition Officer. It is the case of the claimant that the above acquired

lands   were   irrigated   and   the   SLAO   has granted   compensation   of

Rs.47480/- for the entire lands and on that amount interest and other

statutory benefits were granted, which was very inadequate. Therefore,

the above reference was filed under section 18 of the Act before the

Collector and the Collector has referred the same before the reference

court. The reference court enhanced the amount of compensation at the

rate of Rs.84,000/- per acre. Hence, the present appeal is filed.

6.      Mr. B.B. Bhise, learned counsel for the acquiring body submits that

the reference court has wrongly determined the market value of the

acquired lands, after considering the sale instance of the year 1997 below

Exh. 14, determined the market value of the acquired lands at the rate of

Rs.84,000/- per acre by including increase of 10% per year for three years

as notification was issued in the year 2000. Hence, he prayed to allow the

appeal. The learned APP also supports the contention of the acquiring

body.

7.      Though served, none appeared for respondent/original claimant.

8.      Having heard the learned counsel for the acquiring body and having

gone through the record and proceedings, it appears that the claimant has

placed reliance on sale instance Exh. 14 dated 24.6.1997 40 R. land from

Gat No. 103 of village Pimpalgaon (K) was sold for Rs.1,00,000/-. The said

land was Bagayat land. The reference court relying on the sale instance of

the year 1997, Exh. 14 has rightly determined the market value of the

acquired lands at the rate of Rs.84,000/- per acre by including increase of

10% per year for three years as notification was issued in the year 2000. I

hold that the reference court has rightly considered the comparable sale
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instance below Exh. 14 and rightly arrived at market value of the acquired

land. I do not see any reason to intervene in the impugned judgment and

award. The first appeal is devoid of merits and the same is dismissed. Civil

application, if any, also stands disposed of.



                                           ( SIDDHESHWAR S. THOMBRE, J. )

ssc/