Bombay High Court
FA/1419/2014 of THE STATE OF MAH AND ORS Vs LIMBAJI KESHAV CHAVAN on 8 October 2026
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 FIRST APPEAL NO. 1419 OF 2014 THE STATE OF MAHARASHTRA AND ORS VERSUS LIMBAJI KESHAV CHAVAN ... AGP for appellants/State : Mr. S.N. Morampalle Advocate for Respondent : Mr. V.V. Ingale ... WITH CIVIL APPLICATION NO. 302 OF 2011
FA 1419/14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
912 FIRST APPEAL NO. 1419 OF 2014
THE STATE OF MAHARASHTRA AND ORS
VERSUS
LIMBAJI KESHAV CHAVAN
...
AGP for appellants/State : Mr. S.N. Morampalle Advocate for Respondent : Mr. V.V. Ingale
...
WITH
CIVIL APPLICATION NO. 302 OF 2011 IN FA/1419/2014
…
CORAM
: SIDDHESHWAR S. THOMBRE, J.
Dated
: October 08, 2026
PER COURT :-
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1. As the acquisition proceeding is initiated in 1994, heard finally with the consent of learned counsel for respective parties.
2. By this appeal, the appellants/State assails the judgment and award dated 12.8.2008 passed by the learned Jt. Civil Judge, Senior Division, Omerga in LAR No. 261/2005 (Old No. 86/1998).
3. The land of the claimant admeasuring 1 H. 21 R. from Survey No. 152 situated at Tugaon, Taluka Omerga, District Osmanabad was acquired for the rehabilitation purpose of village Tugaon which was affected due to Benitura project. Notification under section 4 of the Land Acquisition Act came to be published on 11.5.1994. Declaration under section 6 was published on 9.4.1996. The Special Land Acquisition Officer (SLAO) has declared award on 24.12.1996 and has granted compensation at the rate of Rs.29,000/- per H. After accepting the amount under protest, the claimant sought reference by contending that the SLAO has granted very meager compensation. 2026:BHC-AUG:48566
FA 1419/14
4. Before the reference court, the claimant relied upon the sale instance, from village Tawashigad, which was in respect of plot bearing Survey No. 27/1, admeasuring 40 x 12.19 mtr., total area 1058 and the same was sold for Rs.40/- per sq. ft. It has come on record that the village Tugaon and Tawashigad are adjacent to each other and the learned reference court, after considering the fact that village Tugaon and Tawashigad are adjacent to each other and as per sale instance, rate comes to Rs.40/- per sq. ft., after applying certain deductions has granted rate of Rs. 4/- per sq. ft. Considering the discussion made above, this Court is of the view that the enhancement granted by the reference court is just, proper and reasonable. No case is made out for interference with the order of the learned reference court. Hence, the appeal is devoid of merits and the same is dismissed. Pending civil applications, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/