The State appealed against the Reference Court's award enhancing land compensation for a village tank project. The court found the enhancement based on comparable sales to be reasonable and moderate, dismissing the appeals against all respondent claimants.
Appeals are dismissed. Pending civil applications are disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
fast8301.09
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
FIRST APPEAL ST. NO. 8301 OF 2009
| The State of Maharashtra | .. APPELLANT |
|---|---|
| VERSUS | |
| Dadasaheb Bapurao Bhawar | ..RESPONDENT |
Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent.
WITH
FIRST APPEAL ST. NO. 8338 OF 2009
The State of Maharashtra .. APPELLANT VERSUS Shivaji Nathu Thombre .. RESPONDENT
Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent.
WITH
FIRST APPEAL ST. NO. 8325 OF 2009
The State of Maharashtra .. APPELLANT VERSUS Mahadeo Bapurao Bhavar .. RESPONDENT Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent.
fast8301.09
2
WITH FIRST APPEAL ST. NO. 8334 OF 2009
| The State of Maharashtra | .. APPELLANT |
|---|---|
| VERSUS | |
| Mahadeo Gunaj Waybhasae | ..RESPONDENT |
| Mr. K. S. Patil, AGP for the State. | |
| Mr. Sachin S. Deshmukh, advocate for respondent. | |
| WITH FIRST APPEAL ST. NO. 8341 O |
F 2009 |
| The State of Maharashtra | .. APPELLANT |
| VERSUS | |
| Ramhari Kishan Thombre | ..RESPONDENT |
| Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent. |
WITH FIRST APPEAL ST. NO. 8328 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Kishan Gangaram Thombre .. RESPONDENT Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent.
fast8301.09
3
WITH FIRST APPEAL ST. NO. 8331 OF 2009
The State of Maharashtra .. APPELLANT VERSUS Gangadhar Dagdu Shinde .. RESPONDENT Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent.
WITH
FIRST APPEAL ST. NO. 8336 OF 2009
The State of Maharashtra .. APPELLANT VERSUS Dattu Keshav Thombre .. RESPONDENT
Mr. K. S. Patil, AGP for the State. Mr. Sachin S. Deshmukh, advocate for respondent.
=====
CORAM : R.M. BORDE , J. DATE : 27th FEBRUARY, 2013.
PER COURT :
and award passed by the Reference Court in group of reference applications
decided on 8-7-2005. Agricultural lands belonging to respondents / original claimants consisting of small pieces came to be acquired for construction of
village tank Cinchwadi, Tq. Ashti. Notification under section 4 of the Land
fast8301.09
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Acquisition Act was issued on 24-9-1992 and, after following the procedure prescribed under the Act, award came to be passed on 23-1-1996. The Land Acquisition Officer prescribed market value of the acquired land at Rs. 100/per R. Claimants, being aggrieved by the award passed by the Land Acquisition Officer, presented reference applications seeking enhancement in the amount of compensation. Claimants, in order to substantiate their claim, relied on evidence in the form of comparable sale instances placed on record at Exh. 17 and 22. Reference Court found sale instance at exh. 17 dated 17-7-1991 to be comparable being most proximate in time with the date of notification under section 4 of the Act. Sale instance at exh. 17 reflects market price of the land at the rate of Rs. 715/- per R whereas price of land under sale transaction at exh. 22 is Rs. 737/- per R. Considering the evidence in the form of comparable sale instance, Reference Court prescribed price of the acquired lands at the rate of Rs. 600/- per R and granted enhancement in the amount of compensation payable to the claimants at the rate of Rs. 500/- per R.
fast8301.09
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consideration hence stand dismissed.
of.
( R. M. BORDE ) JUDGE
dyb
3 issues framed by the court
Whether the Reference Court acted reasonably in enhancing compensation based on comparable sale instances despite the State's challenge.
Whether the enhanced compensation awarded is moderate and does not deserve favourable consideration.
Whether the pending civil applications survive the dismissal of the appeals.
1 provisions across 1 enactments
The State of Maharashtra
Dadasaheb Bapurao Bhawar
Shivaji Nathu Thombre
Mahadeo Bapurao Bhavar
Mahadeo Gunaj Waybhasae
Ramhari Kishan Thombre
R.M. BORDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
