FA 396/05 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 5 FIRST APPEAL NO. 396 OF 2005 NANDKUMAR NARAYANACHARYA JOSHI VERSUS STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. A.B. Kharosekar AGP for Respondent/State : Mr. S.S. Dande … 6 FIRST APPEAL NO. 397 OF 2005 GUNDOPANT BABACHARYA JOSHI DIED THR. LRS. SHAKUNTALA AND ORS. VERSUS THE STATE OF MAHA,THROUGH COLLECTOR,LATUR ... Advocate for Appellant : Mr. Barde Parag Vijay AGP for Respondent/State : Mr. D.R. Korde … 49 FIRST APPEAL NO. 398 OF 2005 DILIPKUMAR NARAYANCHARYA JOSHI VERSUS STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. A.B. Kharosekar AGP for Respondent/State : Mr. A.D. Wange … FIRST APPEAL NO. 395 OF 2005 WITH CIVIL APPLICATION NO. 8601 OF 2026 VISHNU GOVINDACHARYA JOSHI VERSUS STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. R.P. Adgaonkar AGP for Respondent/State : Mr. S.S. Dande … FIRST APPEAL NO. 399 OF 2005 GUNDOPANT BABACHARYA JOSHI VERSUS STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. R.P. Adgaonkar AGP for Respondents: Mr. A.M. Phule ... 2026:BHC-AUG:41136 FA 396/05 & Ors. 2 CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 31, 2026 PER COURT :- 1. FA Nos. 395 and 399 of 2005 are not on board. Taken on Taken on board. 2. Civil Application No. 8601/2026 is filed in First Appeal No. 395/2005 for bringing on record legal representatives of deceased Vishnu Joshi by condoning the delay caused in filing the application and for setting aside the abatement, if any. In view of the averments made in the application, the application is allowed. Delay, if any, is condoned. Abatment, if any, is set aside. Legal representatives of deceased Vishnu Joshi be brought on record. Necessary amendment be carried out. 3. As the present acquisition proceedings were initiated in the year 1987, heard finally with the consent of the learned counsel for the respective parties. 4. By these appeals, the appellants/original claimants assail the judgment and award dated 26.4.2001 passed by the learned Jt. District Judge, Latur in LAR No. 1190/1992, 1194/1992, 1192/1992, 1191/1992 and 1193/1992, whereby the reference court has enhanced the compensation by granting rate of Rs.50,000/- per H. and therefore, for seeking further enhancement the present appeals are filed. 5. The land of the claimants situated at village Karajgaon, Taluka Ausa were acquired for construction of percolation tank No. 1 at village Karajgaon. Notification under section 4 of the Land Acquisition Act was published on 17.9.1987. Notification under section 6 was published on FA 396/05 & Ors. 3 10.5.1990. The Special Land Acquisition Officer (SLAO) has passed the award on 21.4.1992 and granted compensation at the rate of Rs.160/- per R. Being dissatisfied with the award of the SLAO, the claimants filed an applications before the Collector for referring the matters under section 18 of the Act for proper determination of the market value of the acquired lands. The learned reference court after going through the evidence and examining the record, enhanced the compensation at the rate of Rs. 50,000/- per H. Being dissatisfied with the same, the present appeals are filed by the original claimants. 6. The learned counsel for the original claimants/appellants submits that the learned reference court has wrongly determined the market value of the acquired lands by relying upon the sale instance and other record and therefore, the same needs to be enhanced. 7. The learned AGPs appearing for the State supports the impugned judgment and order passed by the reference court and prays to dismiss the appeals. 8. Having heard the learned counsel for the respective parties, with their assistance I have gone through the record and proceedings and the impugned judgment and award of the reference court. After going through the same, I find that the claimants relied upon sale instance from village Karajgaon below Exh. 19 by which 1 Acre 20 R. Bagayat land was sold for Rs.40,000/-. As well was situated in the land involved in sale instance Exh. 19, the said land was treated as Bagayat. After going through the same and 7/12 extracts of the acquired land, I find that acquired lands are admittedly Jirayat lands and the learned reference court, after considering the sale instance below Exh. 19 has determined the compensation correctly and FA 396/05 & Ors. 4 there is no further scope for further enhancement considering the sale instance. Therefore, I do not find any reason to interfere in the impugned judgment and award. Hence, all the first appeals are devoid of merits and the same are dismissed. 9. Pending civil application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/