9061FA-4618-2017 (+).odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 FIRST APPEAL NO. 4618 OF 2017 Keru Gopala Wavale (Deceased) Through L.Rs.Gopala Keru Wavale VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION (STAMP) NO. 33669 OF 2018 IN FA/4618/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Keru Gopala Wavale (Deceased) Through L.Rs.Gopala Keru Wavale And Another AND 47 FIRST APPEAL NO. 4151 OF 2017 Rambhau Kashinath Arote (Dead) Through L.Rs. Vijay And Others VERSUS State Of Maharashtra Thr S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION NO. 76 OF 2025 IN FA/4151/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Rambhau Kashinath Arote (Dead) Through L.Rs. Vijay And Others …… 48 FIRST APPEAL NO. 4155 OF 2017 Keru Gopala Wavale (Dead) L.Rs. Gopala Keru Wavale And Another VERSUS State Of Maharashtra Through S.L.AO. No.3 Ahmednagar And Another AND X-OBJECTION NO. 74 OF 2025 IN FA/4155/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Keru Gopala Wavale (Dead) L.Rs. Gopala Keru Wavale And Another 2026:BHC-AUG:44489 9061FA-4618-2017 (+).odt 2 AND FIRST APPEAL NO. 4158 OF 2017 Bhau Govinda Wavale VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION NO. 75 OF 2025 IN FA/4158/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Bhau Govinda Wavale And Another AND FIRST APPEAL NO. 4159 OF 2017 Bharat Karbhari Wavale VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION (STAMP) NO. 33604 OF 2018 IN FA/4159/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Bharat Karbhari Wavale And Another AND FIRST APPEAL NO. 4241 OF 2017 Manohar Sukhadev Chaskar VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND CIVIL APPLICATION NO. 9953 OF 2026 IN FA/4241/2017 Manohar Sukhadev Chaskar. VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION NO. 289 OF 2026 IN FA/4241/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Manohar Sukhadev Chaskar And Another 9061FA-4618-2017 (+).odt 3 AND FIRST APPEAL NO. 4239 OF 2017 Laxman Baburao Chaskar And Another VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION (STAMP) NO. 33552 OF 2018 IN FA/4239/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Laxman Baburao Chaskar And Others AND FIRST APPEAL NO. 4150 OF 2017 Namdev Gangaram Wavale VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION NO. 78 OF 2025 IN FA/4150/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Namdev Gangaram Wavale And Another AND FIRST APPEAL NO. 4152 OF 2017 Dada Bhau Arote (Died) Through L.Rs. Ramhari And Others VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION NO. 73 OF 2025 IN FA/4152/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Dada Bhau Arote (Died) Through L.Rs. Ramhari And Others 9061FA-4618-2017 (+).odt 4 AND FIRST APPEAL NO. 4153 OF 2017 Shantabai Laxman Arote And Another VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION (STAMP) NO. 33548 OF 2018 IN FA/4153/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Shantabai Laxman Arote And Others AND FIRST APPEAL NO. 4160 OF 2017 Punjiram Bhimaji Phargade And Another VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION (STAMP) NO. 33570 OF 2018 IN FA/4160/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Punjiram Bhimaji Phargade And Others AND FIRST APPEAL NO. 4523 OF 2017 Tukaram Abaji Bangal Through L.Rs. Bhimraj And Another VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another AND X-OBJECTION (STAMP) NO. 33567 OF 2018 IN FA/4523/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar VERSUS Tukaram Abaji Bangal Through L.Rs. Bhimraj And Others 9061FA-4618-2017 (+).odt 5 AND FIRST APPEAL NO. 4627 OF 2017 Keru Bapu Hase (deceased) Through L.Rs. Dattatraya And Others VERSUS State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And And Others AND X-OBJECTION (STAMP) NO. 33580 OF 2018 IN FA/4627/2017 The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi, Ahmadnagar VERSUS Keru Bapu Hase (deceased) Through L.Rs.Dattatraya And Others …… Mr. Vinod Y. Bhide, Advocate for Claimants in all FAs & X-Objs. Mr. Sudhir G. Bhalerao, Advocate for Acquiring Body in all X-Objs and FAs Mr. S.N. Morampalle, Mr. A.M. Phule, Mr. D.R. Korde, Mr. A.D. Wange, Mr. B.A. Shinde, Mr. G.O. Wattamwar and Mr. S.S. Dande, AGPs for Respondent- State in respective matters …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 24 SEPTEMBER, 2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. These First Appeals and Cross Objections arise out of the Judgments and Awards passed by the learned Joint Civil Judge, Senior Division, Sangamner, in Land Acquisition Reference Nos.92/2011, 129/2011, 136/2011, 66/2011, 90/2011, 131/2011, 65/2011, 135/2011, 132/2011, 137/2011, 133/2011, 134/2011 and 138/2011. Since all these matters arise out of the same acquisition proceedings and involve a common issue relating to determination of the market value, they are heard together and are being disposed of by this common order. The First Appeals are filed by the original 9061FA-4618-2017 (+).odt 6 claimants seeking further enhancement of compensation, whereas the Cross Objections are preferred by the Acquiring Body, principally in relation to the interest component. 3. The lands belonging to the respective claimants, situated at villages Mehenduri and Bahirwadi, Taluka Akole, District Ahmednagar, were acquired for the Urdhva Pravara Project Left Canal, Nilwade 2 and Urdhva Pravara Project Right Canal. The relevant particulars are as under: Sr. No. First Appeal No. LAR No. Village Gat No. Area Acquired 1 4241 of 2017 92/2011 Bahirwadi 24/2 60 R 2 4618 of 2017 129/2011 Mehenduri 85/3; 85/4; 86/1-2/1; 89/3; 88/1 5 R; 48 R; 13 R; 12 R; 2 H 58 R 3 4151 of 2017 136/2011 Mehenduri 41/3 18 R 4 4155 of 2017 66/2011 Bahirwadi 24/4 36 R 5 4158 of 2017 90/2011 Bahirwadi 25/6 53 R 6 4159 of 2017 131/2011 Mehenduri 85/2 61 R; 1 0 R (PK) 7 4239 of 2017 65/2011 Bahirwadi 23/22; 24/1 45 R; 18 R 8 4150 of 2011 135/2011 Mehenduri 40/1-3B 69 R 9 4152 of 2011 132/2011 Mehenduri 43/1-2A 35 R 10 4153 of 2011 137/2011 Mehenduri 40/1 10 R 11 4153 of 2011 133/2011 Mehenduri 87/1B 1 H 3 R 12 4523 of 2011 134/2011 Mehenduri 42/1-2A/1 20 R 13 4627 of 2011 138/2011 Mehenduri 84/3A 70 R 4. In L.A.R. Nos.129/2011, 136/2011, 131/2011, 135/2011, 132/2011, 137/2011, 133/2011, 134/2011 and 138/2011, the notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 18.02.1998. The Special Land Acquisition Officer (for short, 9061FA-4618-2017 (+).odt 7 “the SLAO”) passed the Award under Section 11 of the Act on 20.02.2001 and determined compensation ranging from Rs.1,400/- to Rs.1,870/- per R for different classes of the acquired bagayat lands. In L.A.R. Nos.92/2011, 66/2011, 90/2011 and 65/2011, the notification under Section 4 of the Act was published on 29.11.2000. The SLAO passed the Award under Section 11 of the Act on 28.05.2002 and determined compensation ranging from Rs.1,974/- to Rs.2,095/- per R for the respective classes of the acquired lands. The claimants, being dissatisfied with the market value determined by the SLAO, accepted the compensation under protest and sought references under Section 18 of the Act for determination of the proper market value. Accordingly, the references came to be made to the learned Reference Court. 5. Upon appreciation of the oral and documentary evidence adduced by the parties, the learned Reference Court, vide Judgments and Awards dated 19.12.2016, enhanced the market value in L.A.R. Nos.129/2011, 136/2011, 131/2011, 135/2011, 132/2011, 137/2011, 133/2011, 134/2011 and 138/2011 to Rs.3,200/- per R, along with statutory benefits. By the Judgments and Awards dated 01.12.2016, in L.A.R. Nos.92/2011, 66/2011, 90/2011 and 65/2011, the learned Reference Court enhanced the market value to Rs.5,000/- per R, along with statutory benefits. The claimants have, therefore, preferred the First Appeals seeking further enhancement, 9061FA-4618-2017 (+).odt 8 whereas the Acquiring Body has preferred the Cross Objections challenging the entitlement to interest from the date of publication of the Section 4 notification. 6. Learned counsel Mr. Bhide for the claimants submits that the claimants had led evidence before the learned Reference Court showing that the acquired lands are irrigated lands. He submits that, in the matters relating to the notification dated 29.11.2000, the learned Reference Court relied upon the sale instance dated 21.10.1997 from village Bahirwadi, under which 17 R of land was sold for Rs.60,000/-. By applying 10% increase per year, the learned Reference Court worked out the market value at Rs.5,421/- per R and, after rounding off, granted Rs.5,000/- per R. 7. It is submitted that the record also shows that villages Unchkhadak (Kd.), Bahirwadi and Mehenduri are adjacent to each other and within a periphery of 1 Km. It is further submitted that Mehenduri and Bahirwadi were historically part of the same village and that Unchkhadak (Kd.) and Mehenduri came to be bifurcated from Bahirwadi. Learned counsel, therefore, submits that Sale Deed No.908/2000 dated 17.05.2000 from Unchkhadak (Kd.) is a relevant comparable sale instance. He particularly relies upon the said sale instance for the matters in which the Section 4 notification was published on 29.11.2000, as the sale transaction preceded the said notification. 9061FA-4618-2017 (+).odt 9 8. Per contra, learned counsel Mr. Sudhir G. Bhalerao for the Acquiring Body submits that this Court has already considered sale instances from village Bahirwadi in First Appeal No.120 of 2015 and connected matters and, relying upon the sale instances at Exhibits 17 and 19 dated 13.06.1996, determined the market value at Rs.3,700/- per R. In that case also, lands from village Bahirwadi were acquired for the Urdhva Pravara Project, the Section 4 notification was published on 01.03.1998 and the Award was declared on 30.12.2000. 9. Learned counsel submits that the said determination is relevant to the present acquisition. He further submits that, in some of the present matters, the learned Reference Court has already granted Rs.5,000/- per R and, therefore, no further enhancement is warranted. 10. I have considered the submissions advanced by the learned counsel for the claimants and the learned counsel for the Acquiring Body. With their able assistance, I have gone through the Record and Proceedings, the impugned Judgments and Awards and the material placed on record. 11. As regards the matters in which the Section 4 notification was published on 18.02.1998, i.e. in L.A.R. Nos.129/2011, 136/2011, 131/2011, 135/2011, 132/2011, 137/2011, 133/2011, 134/2011 and 138/2011, the Acquiring Body has placed reliance upon the earlier determination of this Court in First Appeal No.120 of 2015 and connected 9061FA-4618-2017 (+).odt 10 matters, wherein, on the basis of sale instances dated 13.06.1996 from village Bahirwadi, the market value was determined at Rs.3,700/- per R for an acquisition involving a Section 4 notification dated 01.03.1998. The notification in the present group is dated 18.02.1998, i.e. only a short interval earlier. The record placed before this Court also shows the close geographical proximity of the villages concerned. In the absence of any material on record demonstrating a materially different market trend between the two dates, the rate of Rs.3,700/- per R provides an appropriate basis for determination of the market value in this group of matters. The claimants are, therefore, entitled to enhancement from Rs.3,200/- to Rs.3,700/- per R. 12. As regards L.A.R. Nos.92/2011, 66/2011, 90/2011 and 65/2011, in which the Section 4 notification was published on 29.11.2000, the learned Reference Court, upon appreciation of the oral and documentary evidence adduced by the parties, has determined the market value at Rs.5,000/- per R for the acquired bagayat lands. Having regard to the material placed on record and the reasons recorded by the learned Reference Court, I find no sufficient ground to interfere with the said determination. Consequently, no further enhancement is warranted in these matters. 13. As regards the application for leading additional evidence, since the learned Reference Court has already granted compensation at the rate of Rs.5,000/- per R in the concerned matters and no further enhancement is 9061FA-4618-2017 (+).odt 11 being granted therein, the application does not survive and is accordingly disposed of. 14. As regards the Cross Objections, the Acquiring Body has questioned the grant of interest from the date of publication of the Section 4 notification. The interest payable under Sections 28 and 34 of the Act is required to be governed by the law laid down by the Full Bench of this Court in State of Maharashtra vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. Accordingly, the interest component in the impugned Judgments and Awards requires modification to that extent. 15. In view of the above discussion, First Appeal Nos.4618/2017, 4151/2017, 4159/2017, 4150/2017, 4152/2017, 4153/2017, 4160/2017, 4523/2017 and 4627/2017 deserve to be partly allowed. First Appeal Nos.4155/2017, 4158/2017, 4241/2017 and 4239/2017 deserve to be dismissed. The Cross Objections filed by the Acquiring Body deserve to be partly allowed to the extent of modification of the interest component. Hence, the following order: O R D E R (i) First Appeal Nos.4618/2017, 4151/2017, 4159/2017, 4150/2017, 4152/2017, 4153/2017, 4160/2017, 4523/2017 and 4627/2017 are partly allowed. (ii) First Appeal Nos.4155/2017, 4158/2017, 4241/2017 and 4239/2017 are dismissed. 9061FA-4618-2017 (+).odt 12 (iii) The Cross Objections filed by the Acquiring Body are partly allowed to the extent of modification of the interest component. (iv) The appellants/claimants in First Appeal Nos.4618/2017, 4151/2017, 4159/2017, 4150/2017, 4152/2017, 4153/2017, 4160/2017, 4523/2017 and 4627/2017 shall be entitled to compensation at the rate of Rs.3,700/- per R for their respective acquired lands. (v) In First Appeal Nos.4155/2017, 4158/2017, 4241/2017 and 4239/2017, the compensation awarded by the learned Reference Court at the rate of Rs.5,000/- per R shall remain unaltered. (vi) The claimants shall be entitled to all statutory benefits on the enhanced compensation, in accordance with the provisions of the Land Acquisition Act, 1894. (vii) The claimants shall be entitled to interest under Sections 28 and 34 of the Act strictly in accordance with the law laid down by the Full Bench of this Court in State of Maharashtra vs. Kailas Shiva Rangari, (supra). (viii) Save and except the aforesaid modifications, the impugned Judgments and Awards dated 19.12.2016 and 01.12.2016 passed by the learned Joint Civil Judge, Senior Division, Sangamner, in the aforesaid Land Acquisition References shall remain unaltered. 9061FA-4618-2017 (+).odt 13 (ix) The claimants shall pay the deficit court fees, if any, on the enhanced amount. (x) The claimants and/or their legal heirs are permitted to withdraw the amount deposited by the Acquiring Body, along with accrued interest, subject to adjustment of the interest component in terms of the law laid down by the Full Bench of this Court in State of Maharashtra vs. Kailas Shiva Rangari, (supra). (xi) At the time of withdrawal of the amount, the Registrar (Judicial) shall verify all requisite documents, including the heirship certificate, if any. (xii) After payment of the amount due to the claimants, if any excess amount remains, the same shall be paid to the Acquiring Body along with the accrued interest thereon. (xiii) The modified Awards be drawn accordingly. (xiv) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane