33-FA Nos.2326.2021 and others.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 928 FIRST APPEAL NO. 2326 OF 2021 Gautamabai Kadu Koli VERSUS The State Of Maharashtra And Ors WITH FIRST APPEAL NO. 2327 OF 2021 Shantabai Jaydeo Dhake (Died) Through L.Rs. Bhushan and anr. VERSUS The State Of Maharashtra And Ors WITH FIRST APPEAL NO. 2328 OF 2021 Namdeo Dagadu Kolhe, Through G.P.A. Ors. VERSUS The State Of Maharashtra And Ors ---- Mr.Jitendra V. Patil, Advocate for appellants Mr.A.V.Lavate, AGP for respondent nos.1 and 2 Mr.Sandesh R. Patil, Advocate for respondent no.3 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 09, 2026 ORDER :- All these First Appeals arise out of the respective Land Acquisition References mentioned in the charge which is produced below:- 2026:BHC-AUG:42040 2 33-FA Nos.2326.2021 and others Sr. No. Party Names First Appeal No. LAR No. 1 Gautama Bai Koli Vs. State 2326 of 2021 274 of 2014 2 Shantabai Dhake Vs. State 2327 of 2021 276 of 2014 3 Namdeo Kolhe Vs. State 2328 of 2021 1076 of 2014 2. Mr.Jitendra Patil, learned advocates for the appellants/ claimants would submit that despite the claimants have produced the sale instances which were executed much prior to date of issuance of the Notification under Section 4 of the Land Acquisition Act, reference court has absolutely not discussed anything about those sale instances. He would add that instead of considering that evidence the reference court found it convenient to rely on the rate fixed by the said court in L.A.R. No.303 of 2013. The result of this analogy applied by the reference court is that the claimants are held entitled only for Rs.3,50,000/- per hectare. He further submits that in view of Section 51A of the Act, certified copy of the sale deeds tendered by the claimants for citing sale instances is admissible in the evidence and hence the certified copy can be admitted in the evidence and it was incumbent on the part of the reference court to adjudicate the appellants’ claim on the basis of the cited sale instances. He would submit that the appeals are fit to be remitted 3 33-FA Nos.2326.2021 and others back to the reference court for rendering findings considering the sale instances produced by the appellants which are exhibited. 3. Mr.Sandesh Patil, learned advocate for respondent – acquiring body would fairly agree with the contention that the court has not at all discussed a single line about the sale instances relied on by the claimants. 4. Having heard learned advocates for both sides I find that in fact the claimants have produced sale instances before the reference court for consideration. Except one sale deed dated 06.11.2009 all three instances were at least five years old prior to the issuance of notification under Section 4 of the Act. Even the sale deed dated 06.11.2009 is also prior to the issuance of notification under Section 4 of the Act. 5. It needs to be appreciated that the land acquisition for the distributary of Waghur Dam Project affected the lands at village Nashirabad, Bhadali and Bholane. It is a fair statement of learned advocate for the appellants that the sale instances relied on by the appellants are from Nashirabad village and yet could be read in evidence for the purpose of accessing correct valuation in the 4 33-FA Nos.2326.2021 and others present claims. He would submit that in view of this facts, the appeals be remitted back to the reference court with suitable directions. I find that the request is a moderate one and in fact deserves to be accepted in the fitness of the circumstances as narrated by Mr.Patil, learned advocate for the appellants. 6. It is not disputed by Mr.Sandesh Patil, learned advocate for acquiring body that the distributary of Waghur Dam Project comprised land acquisition for three villages i.e. Nashirabad, Bhadali and Bholane. In view of this I deem it appropriate to dispose of the appeals by remitting the parties back to the reference court to decide the claims afresh on the point of appropriate valuation of the subject matter properties. Hence, the following order:- (I) The First Appeals are partly allowed. (II) The matters are remitted back to the concerned reference court for adjudication afresh as directed herein. The reference court shall consider the sale deeds produced and relied on by the claimants which are referred at paragraph 16 of the common judgment. 5 33-FA Nos.2326.2021 and others (III) The reference court shall also take into consideration that the sale instances although do not belong to the village Bhadali, yet they are from village Nashirabad which is adjacent to Bhadali village and where also land acquisition is conducted for the distributary of Waghur Dam Project. (IV) The acquiring body is at liberty to cross-examine the claimants, if so advised. (V) After assessing the evidence and considering the same for fixation of adequate compensation the reference court shall conclude the proceedings. (VI) The parties shall appear before reference court on 21.09.2026 with a copy of this order. (VII) Record and Proceedings, if called, be sent back. (VIII) The Reference Court is requested to conclude the proceedings within a period of six months from receipt of the Record and Proceedings. [AJIT B. KADETHANKAR, J.] ……….. KBP