Extracted from the PDF above. The PDF is authoritative.
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 1 of 3 2026:BHC-AUG:7261
(( 2 )) 909 FA NO. 933 OF 2003 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 2 of 3
(( 3 )) 909 FA NO. 933 OF 2003 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 3 of 3