FA 447/07 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 57 FIRST APPEAL NO. 447 OF 2007 AMBADAS VISHWANATH JADHAV VERSUS THE STATE OF MAH AND ANR. ... Advocate for Appellant : Mrs. A.D. Rakh AGP for Respondent/State: Mr. B.A. Shinde ... 58 FIRST APPEAL NO. 450 OF 2007 DATTATRAYA RANGNATH JADHAV L.RS. BABRUWAN DATTATRAYA JADHAV VERSUS THE STATE OF MAH AND ANR. ... Advocate for Appellant : Mrs. A.D. Rakh AGP for Respondent/State: Mrs. A.S. Mantri … FIRST APPEAL NO. 2155 OF 2009 FAKKAD BALAJI SATPUTE VERSUS THE STATE OF MAH. AND ANR. ... Advocate for Appellant : Mrs. A.D. Rakh AGP for Respondent/State: Mrs. A.S. Mantri ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : July 07, 2026 PER COURT :- 1. Heard the learned counsel for respective parties. 2. First Appeal No. 2155/2009 is not not board. Taken on board. 3. Aggrieved by the judgment and award dated 24.11.2004 passed by the VI Adhoc Additional District Judge, Beed in LAR Nos. 254/1997, 255/1997 and 258/1997 the appellants/original claimants preferred the present appeals for enhancement whereby the reference court enhanced the compensation of the acquired lands at the rate of Rs. 642/- per R. as 2026:BHC-AUG:27610 FA 447/07 & Ors. 2 against the rate granted by Special Land Acquisition Officer at the rate of Rs. 250/- to 330/- per R. 4. The lands of the claimants were acquired by the State for Upper Manjra Project (Dokewadi Project). Notification under section 4 was published on 30.7.1992. Notification under section 6 was published on 27.8.1993. The possession of the acquired lands was taken by the Government on 1.3.1988 and the award was passed by the Special Land Acquisition Act (SLAO) on 12.10.1995. Claimants accepted the amount under protest and preferred the above references. Being aggrieved by the judgment and award of the reference court, they prefer present appeals. 5. The learned counsel for the appellants/claimants submits that from the same notification and from the same project the reference court has enhanced the compensation at the rate of Rs.1000/- per R. for dry land in LAR No. 35/1998 and other connected matters on 3.2.2005 and as per her submission, the said order was not challenged by the State or acquiring body. Therefore, she submits that therefore there was no reason for the reference court to reduce the compensation in present appeals. She therefore, prays to allow the appeals. 6. The learned AGP for the State strongly opposed the aforesaid averments by contending that infact the order passed in those LARs is contrary to the sale instances and in the present matters comparable sale instances were considered by the reference court and has rightly granted compensation. 7. Though served, none appears for respondent No. 2. 8. I have considered the rival submissions, paper book, copy of order in LAR No. 35/1998. I have also gone through the sale instances which were FA 447/07 & Ors. 3 considered in the present matters. I find that same sale instances below Exhs. 16 and 17 were considered by the reference court in LAR No. 35/1998 and other connected matters and has granted compensation at the rate of Rs.1000/- per R. There was no justification for the reference court to grant less amount in the present matter. Therefore, considering the above, I am inclined to allow the appeals partly and proceed to pass the following order. O R D E R (I) The appeals are partly allowed. (II) The appellants/claimants are entitled to receive an amount of Rs.1000/- per R. for dry land. (III) The appellants/claimant shall be entitled to all consequential statutory benefits under the provisions of the Land Acquisition Act, 1894 on the enhanced compensation. (IV) The impugned judgment and order of the reference court is modified to that extent. (V) Rest of the award is maintained. (VI) Civil Applications, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/