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2026 DAILYLAW 15924 (BOM)

STATE OF MAH v. ANJANBAI KONDIBA SHETE

FA/2972/2009 · 2026-09-30

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Judgment text

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FA 2972/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 306 FIRST APPEAL NO. 2972 OF 2009 STATE OF MAHARASHTRA VERSUS ANJANBAI KONDIBA SHETE ... AGP for Appellant/State : Mr. D.R. Korde ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 1. As the acquisition proceeding is initiated long back, heard finally with the consent of learned AGP for State/appellant. None for the respondent/original claimant. 3. By this appeal, the appellant/State assails the judgment and award dated 21.10.2004 passed by the learned Joint Civil Judge, Senior Division, Ahmednagar in LAR No. 177/1997. 4. The land of the claimant admeasuring 21 R. from Gat No. 108/1/1 situated at village Shirasthwadi was acquired. After issuance of notification under section 4 of the Act, the Special Land Acquisition Officer (SLAO) has declared the award and has granted compensation at the rate of Rs.150/- per R. After receipt of amount under protest, reference under section 18 of the Act was filed by the claimant as the SLAO has granted very meager compensation. The learned reference court after relying upon the judgment passed in LAR No. 178/1997 has granted compensation at the rate of Rs. 972/- per R. Hence, the present appeal is filed by the State as exorbitant compensation has been granted by the reference court. 5. After going through the order passed by the reference court, it 2026:BHC-AUG:46553 FA 2972/2009 2 appears that in the present matter the learned reference court has enhanced compensation in view of the order passed in LAR No. 178/1997, which arises out of the same project and land involved are from the same village. It was not brought to my notice that the said order was either challenged by the State or set aside by this Court. The order passed in above LAR cannot be a binding precedent, but the same can be used as a guiding principle for determination of correct market value of the acquired land as it arises from the same project and from the same village. After going through the impugned judgment and order, this court is of the view that the compensation awarded by the reference court is just, reasonable and proper and not exorbitant. No case is made out for interference. Hence, the appeal is dismissed. Pending civil application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/