Bombay High Court
FA/4316/2016 of THE STATE OF MAH AND ORS Vs ANNARAO SADASHIV PATIL on 8 October 2026
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 300 FIRST APPEAL NO. 4316 OF 2016 THE STATE OF MAHARASHTRA AND ORS VERSUS ANNARAO SADASHIV PATIL ... AGP for appellants/State : Mr. B.A. Shinde Advocate for Respondent : Mr. L.C. Patil ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated :
FA 4316/16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
300 FIRST APPEAL NO. 4316 OF 2016
THE STATE OF MAHARASHTRA AND ORS
VERSUS
ANNARAO SADASHIV PATIL
...
AGP for appellants/State : Mr. B.A. Shinde 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 1989, heard finally with the consent of learned counsel for respective parties.
2. By this appeal, the appellants/State assails the judgment and award dated 17.4.2008 passed by the learned Jt. Civil Judge, Senior Division, Omerga in LAR No. 200/2005 (Old No. 858/1997).
3. The land of the claimant admeasuring 4 H. 47 R. and 29 R. from Gat No. 45 situated at Omerg, Taluka Omerga, District Osmanabad was acquired for the purpose of construction of Koregaon tank, Taluka Omerga. Notification under section 4 of the Land Acquisition Act came to be published on 10.5.1989. Possession was taken over in the year 1990. The Special Land Acquisition Officer (SLAO) declared award and has granted rate of Rs.18,000/- per H. for acquired land. After accepting the amount under protest, the claimants sought references by contending that the SLAO has granted very meager compensation.
4. Before the reference court, the claimant relied upon the sale instance, Exh. 35. As per sale instance, Exh. 35, 1 Acre 14 R. land was sold for 2026:BHC-AUG:48565
FA 4316/16
Rs.1,00,000/- and the said transaction pertains from the same village and therefore, as the sale instance is available from the same village, the learned reference court, by relying upon the same, has granted rate of Rs.48,000/- per Acre. Considering the above discussion, this Court is of the view that the enhancement granted by the reference court is just, reasonable and proper and this court has not found the compensation to be excessive or exorbitant. No case is made out for interference in the order passed by the reference court. Hence, the appeal is devoid of merits and the same is dismissed. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/