Bombay High Court
FA/3524/2016 of THE STATE OF MAHARASHTRA AND ANR Vs RAMCHANDRA GANESH KULKARNI on 8 October 2026
& Anr. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 275 FIRST APPEAL NO. 3523 OF 2016 THE STATE OF MAHARASHTRA AND ANR VERSUS NARHAR GANESH KULKARNI ... AGP for appellants/State : Mr. A.D. Wange Advocate for Respondent : Mr. D.D. Pokharkar … 276 FIRST APPEAL NO. 3524
FA 3523/16 & Anr.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
275 FIRST APPEAL NO. 3523 OF 2016
THE STATE OF MAHARASHTRA AND ANR
VERSUS
NARHAR GANESH KULKARNI
...
AGP for appellants/State : Mr. A.D. Wange Advocate for Respondent : Mr. D.D. Pokharkar …
276 FIRST APPEAL NO. 3524 OF 2016
THE STATE OF MAHARASHTRA AND ANR
VERSUS
RAMCHANDRA GANESH KULKARNI
...
AGP for appellants/State : Mr. B.A. Shinde Advocate for Respondent : Mr. D.D. Pokharkar …
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 1994, heard finally with the consent of learned counsel for respective parties.
2. By these appeals, the appellants/State assail the judgment and award dated 3.2.2014 passed by the 3rd Jt. Civil Judge, Senior Division, Osmanabad in LAR Nos. 904/2011 and 902/2011.
3. The lands of the claimants admeasuring 1 H. 83.5 R. from Gat No. 1298 situated at village Kond, Taluka and District Osmanabad were acquired for percolation tank at Kond. Notification under section 4 of the Land Acquisition Act came to be published on 2.6.1994. Possession of the acquired lands was taken over on 3.4.1993. The award came to be passed on 11.4.1997. The SLAO has granted compensation of Rs.25500/- per H. 2026:BHC-AUG:48402
FA 3523/16 & Anr.
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. 19, dated 9.8.1994 whereby 1 H. irrigated land 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. 19, the rate of non irrigated land comes to Rs.76,000/- per H. After considering the sale instance, the reference court by applying the plus and minus points determined the market value of the acquired land at the rate of Rs. 45,600/- 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. 19. 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/