FA 1412/07 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 54 FIRST APPEAL NO. 1412 OF 2007 HANMANT NARAYAN YAMGAR VERSUS STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. Rudresh Patil (appointed) AGP for Respondent/State : Mr. S.N.Morampalle … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 31, 2026 PER COURT :- 1. As the present acquisition proceedings were initiated in the year 1987, heard finally with the consent of the learned counsel for the respective parties. 2. By this appeal, the appellant/original claimant assails the judgment and award dated 13.2.1998 passed by the learned Joint Civil Judge, Senior Division, Osmanabad in LAR No. 484/1991, whereby the reference court has enhanced the compensation, but not as claimed by the claimants. 3. The land of the claimant admeasuring 2 H. 38 R. from Gat No. 131 (old survey No. 58) situated at village at Yemgarwadi was acquired for the purpose of Percolation Tank of Yamgarwadi. Notification under section 4 of the Land Acquisition Act was published on 9.3.1987. Notification under section 6 was published on 22.4.1988. Possession was taken over on 16.11.1986. The learned Special Land Acquisition Officer (SLAO) has passed the award and has granted compensation at the rate of Rs.10,000/- per H. for acquired lands. The claimant, after accepting the amount under protest and being dissatisfied with the award of the SLAO, filed an application 2026:BHC-AUG:41158 FA 1412/07 2 before the Collector for referring the matter under section 18 of the Act for proper determination of the market value of the acquired land. The learned reference court after going through the evidence and examining the record, determined the market value of the acquired land at the rae of Rs.9000/- per Acre for acquired land and Rs. 4000/- towards acquired bunds and therefore, the present appeal is filed. 4. Mr. Rudresh Patil, learned counsel appointed for original claimant/appellant submits that before the reference court the claimant relied upon the sale instances below Exh. 31 and 32, which were in respect of the lands from village Chincholi and Masala (Kh), however, the reference court without considering those sale instances determined the market value of the acquired land and discarded those sale instances wrongly. 5. Per contra, Mr. S.N. Morampalle, learned AGP for State submits that the learned reference court has rightly determined the compensation for acquired land by relying upon the award of SLAO and by considering the evidence available on record and prays to dismiss the appeal. 6. 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 learned reference court has accepted the award passed by the SLAO in which the SLAO has mentioned that sale instance from village Yamgarwadi was not available and therefore, SLAO has considered the sale instance from village Masala (Kh). Once the reference court has recorded that there were no sale instances from the same village and when the SLAO has referred the sale instance from adjacent village, the reference court ought to have granted compensation by relying upon the FA 1412/07 3 said sale instance. 7. In this case, possession was taken over on 16.11.1986 and thereafter, section 4 notification came to be published on 9.3.1987 and therefore, the sale instance from the same village needs to be considered by applying certain deductions. As section 4 notification was published on 9.3.1986 and possession was taken over in October 1986 and as the sale instance, Exh. 31, is dated 8.7.1985, the same can be considered as comparable sale instance by which 24 R. land was sold for Rs.10,000/-. In view of that, the rate of acquired land comes to Rs. 16,666/- per Acre and therefore, by applying 10% escalation, the rate comes to Rs.18,330/- per Acre. Therefore, the appellant/claimant is entitled to receive compensation at the rate of Rs.18,330/- per Acre. Hence, I pass the following order. O R D E R (i) The appeal is partly allowed. (ii) The appellant/claimant is entitled to receive compensation the rate of Rs.18,330/- per Acre for his acquired land. (iii) The appellant/claimant shall be entitled to all consequential statutory benefits under the provisions of the Land Acquisition Act, 1894 on the enhanced compensation in view of the judgment of Full Bench of this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457. (iv) The appellant/claimant shall not be entitled to receive interest for the period of delay, if any. (v) The claimants to pay deficit court fees, if any, on enhanced amount. (vi) The impugned judgment and award of the reference court is modified accordingly. FA 1412/07 4 (vii) Rest of the award shall remain unaltered. (viii) High Court Legal Services Sub-Committee, Aurangabad shall pay fees of Rs.6,000/- (Rupees six thousand only) to Mr. Rudresh Patil, learned counsel appointed for appellant/original claimant. (viii) Civil Application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/