Bombay High Court
FA/4046/2016 of THE STATE OF MAH AND ANR Vs RUPA WALU RATHOD on 8 October 2026
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 296 FIRST APPEAL NO. 3980 OF 2016 THE STATE OF MAHARASHTRA AND ANR VERSUS VYANKATSING LALSING RAJPUT ... AGP for appellants/State : Mr. S.S. Dande Advocate for Respondent : Mr. L.C. Patil … 297 FIRST APPEAL NO. 4043 OF 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
296 FIRST APPEAL NO. 3980 OF 2016
THE STATE OF MAHARASHTRA AND ANR
VERSUS
VYANKATSING LALSING RAJPUT
...
AGP for appellants/State : Mr. S.S. Dande Advocate for Respondent : Mr. L.C. Patil …
297 FIRST APPEAL NO. 4043 OF 2016
THE STATE OF MAHARASHTRA AND ANR
VERSUS
MAHADUSING JABBARSING RAJPUT, DIED THR. L.RS. KANTABI AND ORS
...
AGP for appellants/State : Mr. A.M. Phule Advocate for Respondent : Mr. L.C. Patil …
298 FIRST APPEAL NO. 4044 OF 2016
THE STATE OF MAH AND ANR
VERSUS
GANPATI DEORAO THAVARE
...
AGP for appellants/State : Mr. D.R. Korde Advocate for Respondent : Mr. L.C. Patil …
299 FIRST APPEAL NO. 4046 OF 2016
VERSUS
RUPA WALU RATHOD
...
AGP for appellants/State : Mr. A.D. Wange Advocate for Respondent : Mr. L.C. Patil …
CORAM
: SIDDHESHWAR S. THOMBRE, J.
Dated
: October 08, 2026
PER COURT :-
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1. As the acquisition proceeding is initiated in the year 1993, heard 2026:BHC-AUG:48408
finally with the consent of learned counsel for respective parties.
2. By these appeals, the appellants/State assail the judgment and award dated 25.3.2011 passed by the 4th Jt. Civil Judge, Senior Division, Osmanabad in LAR Nos. 692/1997, 620/1997, 463/1997 and 465/1997.
3. The lands of the claimants admeasuring 25 R. from Block No. 152, 20 R. from Block No. 148, 85 R. from Block No. 143 and 21 R. from Block No. 151 situated at village Jagji, Taluka and District Osmanabad were acquired for Deola-Tandulaja-Murud Railway Station to Jagji public road. Notification under section 4 of the Land Acquisition Act came to be published on 4.3.1993. Possession of the acquired lands was taken over. The Special Land Acquisition Officer (SLAO) has passed the award The SLAO has granted compensation of Rs.16500/- per H. and Rs.18,000/- per H. in respective matters for acquired lands. The claimants accepted the amount under protest and sought reference under section 18 of the Act.
4. Before the reference court, the claimants relied upon sale instance, Exh. 49, by which 1 H. irrigated land from Block No. 593 situated at village Jagaji was sold for consideration of Rs.1,90,000/- along with 1/4th share in the well. Therefore, as per the sale instance, Exh. 49, the reference court by applying the plus and minus points determined the market value of the acquired lands at the rate of Rs. 38,000/- per Acre. Therefore, this court is of the view that the learned reference court has rightly determined the compensation for the acquired land by relying upon Exh. 49 and this amount cannot be said to be on higher side. Considering the above, this court holds that the compensation awarded by the reference court is just, reasonable and proper and no case is made out to interfere in the impugned award. Hence, the present appeals are dismissed. Pending civil applications, if any, also stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/