1 950-ca-10185-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10185 OF 2026 IN FA/1984/2019 Padmabai Haribhau Jare. VERSUS State Of Maharashtra, Through Collector, Ahilyanagar And Anr. ... Ms. M. V. Narwade, Advocate for Applicant Mr. S. P. Sonpawale, AGP for Respondent-State Mr. S. S. Dande, Advocate for Respondent no.2 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 10185 OF 2026 FIRST APPEAL NO.1984 OF 2019 . Feeling aggrieved by the judgment and award dated 30.04.2012 passed by the learned Civil Judge, Senior Division, Newasa, in Land Acquisition Reference No. 669 of 2010, the claimant has filed the First Appeal seeking enhancement in the compensation. 2. The present Civil Application is filed by the claimant seeking permission to produce additional evidence, which contains some sale instances prior to the Section 4 notification. A prayer is also made to consider those sale instances for determination of the correct enhancement. 2026:BHC-AUG:41478 2 950-ca-10185-2026 3. Mr. S. S. Dande, learned Advocate for the acquiring body would submit that considering that this is a piece of beneficial legislation, no doubt the claimant must get an opportunity to lead proper evidence to sought correct valuation of their land. However he submits that, at the same time the acquiring body must get an opportunity to counter such evidence, if necessary and if found needed. 4. On the backdrop of these arguments, both the learned Advocates for the respective parties referred to an order dated 19.08.2026 passed by this Court in Civil Application No.8482 of 2026 with connected matters. Citing that order, both the learned Advocates pray that the matter be relegated back to the Reference Court to enable the applicants to adduce the additional evidence, as is mentioned in the present Civil Application. 5. Considering the joint request, I deem it appropriate to dispose of the First Appeal in the following terms: ORDER a. First Appeal is allowed partly. b. Impugned judgment and award passed by the Reference Court is quashed and set aside and the matter is relegated to the Reference Court to decide it afresh on its own merits. 3 950-ca-10185-2026 c. All points are kept open. Parties are liberty to adduce evidence. d. The Reference Court shall consider the objections to be raised by the Acquiring Body as permissible in law and shall examine the genuineness of the claim on its own merits. e. Appellant-claimant shall not be entitled to claim interest and statutory benefits from the date of earlier judgment and award passed by the Reference Court till September 2026. f. Parties shall appear before the Reference Court on 21.09.2026. It is candidly agreed by the parties that no separate notice for appearance shall be required. g. The Reference Court shall decide the matter expeditiously. h. Civil Application for production of additional document stands disposed of. i. It will be open for the Reference Court to consider earlier pleadings and the evidence on record in-juxta position with the subsequent pleadings and evidence. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026