1 465.06FA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 924 FIRST APPEAL NO. 465 OF 2006 THE STATE OF MAHARASHTRA VERSUS GABAJI JIJABAI THUBE THROUGH L.RS. BABU GABAJI THUBE & OTHERS ... AGP for the appellant-State : Mr.S.S.Dande … CORAM : ARUN R. PEDNEKER, J. DATE : 28.04.2026 P.C. : 1] By way of present First Appeal, the appellant challenges the award of the Reference Court granting enhanced compensation to the claimants @ Rs.28,000/- per hector for the acquired land. The brief facts of the case: 2] The agricultural land bearing Survey No.694/1 admeasuring 2 Hector 39 R. and Survey No. 694/2 admeasuring 2 Hector 55 R. situated at village Parner, Taluka Parner, District Ahmednagar, belonging to the 2026:BHC-AUG:19563 2 465.06FA claimants, came to be acquired by the Special Land Acquisition Officer for the project of percolation tank No.2, Panoli. The notification under Section 4 of the Land Acquisition Act was published on 24.08.1983. The lands acquired were jirayat lands and the compensation was awarded @ Rs.3,000/- to 4,000/- per hector for Jirayat land. Thereafter, the claimants challenged the award before the Reference Court. The Reference Court has relied upon the sale instance at Exh.58 and testimony of PW-2 and the Reference Court has awarded the compensation @ Rs.28,000/- per hector to the claimants. The Appellant- State challenges the said award by filing the present First Appeal. 3] The learned AGP for the appellant-State submits that the acquired lands of the claimants are Jirayat lands. The Reference Court has awarded the compensation to the claimants considering the sale instance of Bagayat land, as such, the award of the Reference Court is unjust and improper. 3 465.06FA 4] Perusal of the award, I find that the Reference Court has relied upon the sale instance, which is at Exh. 58 and the vendee under the sale instance has purchased the bagayat land @ Rs.80,952/- per hector. The bagayat land has a ‘well’ and it was purchased by neighbouring person, as such, 30% reduction of price was made and the market price of the bagayat land was considered by the Reference Court as Rs.56,000/- per hector. The Reference Court has further reduced the price of bagayat land 50% to arrive at the price of jirayat land. Considering the said fact, the Reference Court has granted compensation of Rs.28,000/- per hector to the claimants. Already 80% reduction is made by the Reference Court to the price of bagayat land. No further reduction can be made. As such, I see no error in the award passed by the Reference Court. Hence, the First Appeal is dismissed. [ARUN R. PEDNEKER] JUDGE DDC