FA 161/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 FIRST APPEAL NO. 161 OF 2011 DURGAJI BHIVAJI PAWAR AND ANR VERSUS THE STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. Mahesh S. Bhosale AGP for Respondent/State : Mr. D.R. Korde ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 22, 2026 PER COURT :- 1. As the acquisition proceeding is of the year 1984 heard finally with the consent of learned counsel for the respective parties. 2. By this appeal, the appellants/original claimants assail the judgment and award dated 31.8.1994 passed by the learned 3rd Additional District Judge, Beed in in LAR No. 630/1987, whereby the learned reference court enhanced the compensation in favour of the appellants/original claimants. However, according to the claimants, the same is inadequate and therefore, the present appeal is filed seeking further enhancement of compensation for their acquired lands. 3. The lands of the claimants admeasuring 6 H. 45 R. from Survey No. 135 situated at village Kanhobachiwadi was acquired for percolation tank of village Kanhobachiwadi. Notification under section 4 of the Land Acquisition Act came to be published on 23.2.1984 and the award under section 11 of the Act came to be declared on 13.4.1987. The SLAO has determined the compensation at the rate of Rs. 62/- per R. Possession was taken over on 13.4.1982. After receipt of the amount under protest, the claimants filed 2026:BHC-AUG:43624 FA 161/11 2 reference under section 18 of the Act by contending that the SLAO has awarded very inadequate compensation and claimed for enhancement of compensation. Before the reference court, the claimants relied upon the sale instance, dated 30.8.1983 from land Survey No. 169 by which 1.2 acre land was sold for consideration of Rs.15000/- i.e. Rs.357.14 per R. However, the learned reference court relying upon the sale instance from Survey No. 144 dated 5.8.1981 determined the compensation at the rate of Rs.95/- per R. Therefore, being dissatisfied with the same, the present appeal is filed. 4. Mr. Mahesh Bhosle, learned counsel for the appellants/original claimants submits that earlier village Kanhobachiwadi was part of Shirur revenue village and when the land was acquired, Kanhobachiwadi was not shown as separate revenue village and that was shown as part of revenue village of Shirur. He tenders the mutation entry No. 1 of village Kanhobachiwadi, which is taken on record, and contended that up to the year 1989 separate revenue village of Kanhobachiwadi was not declared and the SLAO has also considered the sale instances from village Shirur and village Kanhobachiwadi, which have no separate survey numbers. Therefore, all the sale instances reflected that they are from village Shirur. Before the reference court, the claimants relied upon the sale instance dated 30.8.1983 which was from village Kanhobachiwadi in respect of land from Survey No. 169 by which total 1.2 Acre land was sold for Rs.15,000/-. He therefore, submits that claimants are entitled to receive compensation as per the sale instance dated 30.8.1983. However, without considering the same, the reference court has determined the compensation at very meager rate. FA 161/11 3 5. Per contra, Mr. D.R. Korde, learned AGP for State submits that the sale instance dated 30.8.1983 was in respect of land from Shirur bearing Survey No. 169 and the land involved in the present matter was acquired for the above project from Survey No. 135 and the distance between the Shirur and Kanhobachiwadi is more than 4-5 k.m. and therefore, he submits that the reference court has relied upon the sale instance from Survey No. 144 dated 5.8.1981 and determined the compensation at the rate of Rs.95/- per R. and therefore, he 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. There is no dispute about the fact that the land is acquired from Gat No. 135 of village Kanhobachiwadi. It was brought to my notice that up to 1989 Kanhobachiwadi was not declared as separate revenue village and therefore, prior to 1989 that was part of revenue village Shirur and therefore, though the sale instance is from survey No. 169 of Shirur and after 1989 the said survey number was included in revenue village of Kanhobachiwadi, therefore, the sale instance dated 30.8.1983 can be safely considered for determination of market value of acquired land in the present matter which is from Survey No. 169 was from village Kanobachiwadi. Here in this case as per sale deed dated 30.8.1983 area of land admeasuring 1.2 Acre was sold for Rs.15,000/- and it is from the same village and therefore, the same can be considered as comparable sale instance. Therefore, I find that the sale instance dated 30.8.1983 can be considered as comparable sale instance and as per the sale instance rate comes to Rs. 357.14 per R. Therefore, by rounding it off, I hold that claimants are entitled to Rs. 360/- per R. for their acquired lands. In view of the above, following order is FA 161/11 4 passed :- O R D E R (i) The appeal is partly allowed. (ii) The claimants/appellants are entitled to receive enhanced compensation at the rate of Rs.360/- per R. for their acquired land. (iii) The claimants shall be entitled to all consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894. (iv) The claimant shall be entitled to interest under Section 34 of the Land Acquisition Act, 1894, strictly in accordance with the principles laid down by the Full Bench of this Court in State of Maharashtra v. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (v) The claimant shall not be entitled to the interest for the period of delay, if any, condoned by this Court caused in filing the present appeal. (vi) The claimant shall pay the deficit Court-fees, if any. (vii) Rest of the judgment and award passed by the learned Reference Court shall remain unaltered. (viii) The modified award be drawn accordingly. (ix) Pending Civil Application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/