1 950-fa-1903-2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1903 OF 2021 Ananda Rama Khandare (died) Thr Lrs Manikrao And Ors VERSUS The State Of Maharashtra And Ors ... Mr. A. H. Koralkar, Advocate for Appellants Mr. B. V. Virdhe, AGP for Respondents-State Ms. P. A. Deshpande, Advocate for Respondent no.3 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 21ST AUGUST, 2026 P.C. :- 1. After hearing at length, Mr. A. H. Koralkar, learned Advocate for the appellants submits that the matter be remanded to the Reference Court for fresh consideration on two counts. He would submit that at one stage, the Reference Court has clearly observed that there were two wells in the subject matter land. However, for no reason the Reference Court has subsequently categorized the subject matter land as semi irrigated. He points out that the Reference Court has relied upon the sale deed pertaining to land situated in the same village which was semi irrigated, and accordingly, determined the valuation holding appellants’ land as semi irrigated. 2026:BHC-AUG:38437 2 950-fa-1903-2021 2. He would further submit that so far as the compensation towards fruit bearing trees is concerned, the appellants had examined a valuer, who placed on record correct valuation of the trees. The prevailing prices of the fruits were also duly proved by examining an official from the local APMC. He would submit that the Acquiring Body chose not to participate in the trial, and hence the Reference court was not justified in unnecessarily reducing the compensation towards the trees. He would further submit that, consistently this Court has taken that where the valuation of the trees has remained uncontroverted during the trial, compensation ought to be awarded to the extent of 80% of the valuation assessed for the trees. 3. To this, Ms. P. A. Deshpande, learned Advocate representing the Acquiring Body would submit that due to oversight, the matter remained unattended by the Acquiring Body before the Reference Court, and consequently the Acquiring Body lost the opportunity to contest the claim both on pleadings and evidence. She submits that an opportunity be given to the Acquiring Body to participate in the trial proceeding so that correct compensation would be awarded to the claimants. 3 950-fa-1903-2021 4. Accepting the request, Mr. A. H. Koralkar, learned Advocate for the claimants fairly agrees for such submission. 5. In view of the above, First Appeal stands disposed of. The matter is relegated back to the Reference Court for deciding the claim afresh. 6. The parties would appear before the Reference Court on 01.09.2026. The Acquiring Body is permitted to file reply. 7. The Reference Court is requested to conclude the Trial within a period of 12 (Twelve) months from the date of appearance of the parties. 8. It is made clear that the claimants shall not be entitled for the interest on delayed period. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026