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2002 DAILYLAW 1315 (BOM)

M.S.E.B. THR.EXECUTIVE ENGINEER JALGAON v. KAMALABAI ANADA PAWAR AND OTHERS

FA/499/2002 · 2026-02-27

Shri Sanjay A Deshmukh

body2002

Judgment text

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903-fa-496-2002+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 496 OF 2002 Maharashtra State Electricity Board Through the Executive Engineer M.S.E.B. Jalgaon. …..PETITIONER (interested party) VERSUS 1. Parwatibai Vedu Pawar, Age: 57 years, Occupation: Agriculturist, R/o Nimbhora, Bk, Tal: Bhusawal Dist. Jalgaon. …..CLAIMANT 2. The State of Maharashtra, 3. The Special Land Acquisition Officer, U.P.T.H. Hatnur, Jalgaon. …..RESPONDENTS _____________________________________________________________ Mr. A. M. Gaikwad, Advocate for Appellant Mr. Virendra V. Jahagirdar, AGP for Respondents-State Mr. K. G. Narwade h/f Mr. A. B. Kale, Advocate for Respondent no.1 _____________________________________________________________ WITH FIRST APPEAL NO. 497 OF 2002 Maharashtra State Electricity Board Through the Executive Engineer M.S.E.B. Jalgaon. …..PETITIONER (interested party) VERSUS 1. Sadu Suka Pawar Age: 50 years, Occupation: Agriculturist. R/o Nimbhora, Bk, Tal: Bhusawal Dist. Jalgaon. (Appeal abated as against respondent no.1 vide Court order dated 26.08.2003) …..CLAIMANT 2. The State of Maharashtra, 2026:BHC-AUG:9223 903-fa-496-2002+ -2- 3. The Special Land Acquisition Officer, U.P.T.H. Hatnur, Jalgaon. …..RESPONDENTS _____________________________________________________________ Mr. A. M. Gaikwad, Advocate for Appellant Mr. Virendra V. Jahagirdar, AGP for Respondents-State Mr. K. G. Narwade h/f Mr. A. B. Kale, Advocate for Respondent no.1 _____________________________________________________________ WITH FIRST APPEAL NO. 498 OF 2002 Maharashtra State Electricity Board Through the Executive Engineer M.S.E.B. Jalgaon. …..PETITIONER (interested party) VERSUS 1. Mathurabai Lahanu Pawar, Age: 45 years, Occupation: Agriculturist. R/o Nimbhora, Bk, Tal: Bhusawal Dist. Jalgaon. …..CLAIMANT 2. The State of Maharashtra, 3. The Special Land Acquisition Officer, U.P.T.H. Hatnur, Jalgaon. …..RESPONDENTS _____________________________________________________________ Mr. A. M. Gaikwad, Advocate for Appellant Mr. Virendra V. Jahagirdar, AGP for Respondents-State Mr. K. G. Narwade h/f Mr. A. B. Kale, Advocate for Respondent no.1 _____________________________________________________________ WITH FIRST APPEAL NO. 499 OF 2002 Maharashtra State Electricity Board Through the Executive Engineer M.S.E.B. Jalgaon. …..PETITIONER (interested party) VERSUS 903-fa-496-2002+ -3- 1. Kamalabai Ananda Pawar Age: 25 years, Occupation: Agriculturist. R/o Nimbhora, Bk, Tal: Bhusawal Dist. Jalgaon. (Appeal dismissed as against respondent no.1 vide Court order dated 26.08.2003) …..CLAIMANT 2. The State of Maharashtra, 3. The Special Land Acquisition Officer, U.P.T.H. Hatnur, Jalgaon. …..RESPONDENTS _____________________________________________________________ Mr. A. M. Gaikwad, Advocate for Appellant Mr. Virendra V. Jahagirdar, AGP for Respondents-State Mr. K. G. Narwade h/f Mr. A. B. Kale, Advocate for Respondent no.1 _____________________________________________________________ CORAM : SANJAY A. DESHMUKH, J. DATED : 27TH FEBRUARY, 2026 ORDER :- 1. All these appeals are preferred against the judgments and awards passed by the learned Land Reference Court, Jalgaon, as per the following chart:- Sr. No. First Appeal No. L.A.R. No. Date of judgment 1 496 of 2002 187 of 1993 21.04.1998 1 497 of 2002 202 of 1993 21.04.1998 1 498 of 2002 204 of 1993 21.04.1998 1 499 of 2002 136 of 1993 21.04.1998 2. The learned advocate for the appellants, in the respective appeals, submitted that the amount of compensation is not properly determined by the learned Reference Court and exorbitant amount of 903-fa-496-2002+ -4- compensation is awarded. The evidence was not properly appreciated and therefore, interference is warranted in the impugned judgments and awards. 3. The learned A.G.P. for the respondent-State and advocate for the respondents-claimants strongly opposed the appeals and submitted that there is no substance in the grounds of objections raised in the appeals. It is submitted that the learned Reference Court has rightly determined the amount of compensation as per the market value of the acquired lands as per the notification issued/published under Section 4 of the Land Acquisition Act, 1894, dated 19.09.1996. There is no substance in the grounds of objections raised in the appeals. The appeals therefore, deserve to be dismissed. It is lastly prayed to dismiss the appeals. 4. Perused the pleadings, evidence, grounds of objections in the appeals and the reasons and findings in the impugnment judgments and award of the learned Reference Court. The learned Reference Court determined the market value of the acquired houses by considering the sale exemplar Exh.29 and the valuation report. The valuer Prakash Baser has deposed before the learned Reference Court and also proved the valuer’s report at Exh.20. The learned Reference Court has rightly evaluated the evidence and came to the right conclusion. Furthermore, it is pointed out that in similarly situated 903-fa-496-2002+ -5- case i.e. first appeal No. 573 of 1998 and other connected appeals, it was submitted on behalf of the learned advocate for the appellants, Mr. H.T. Joshi, for the appellants therein to withdraw those appeals. The withdrawal was allowed and the appeals were disposed of on 04.04.2007. On this count also, this Court finds that there is no substance in the grounds of objections of appeals and the appeals therefore, disposed of as sans merit. The appeals are dismissed with no order as to costs. (SANJAY A. DESHMUKH, J.) Rushikesh/2026