The State Of Maharashtra vs Neguilb Yahyabgiy Kachwalla

CNR No : HCBM010054032008

LSP 1 32. FA-514-2009.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal No. 514 of 2009
IN
L.A.R. No. 188 of 1999

The State Of Maharashtra
(The Special Land Acquisition Officer
No.II, Pune) …Appellant
V/s.
Neguilb Yahyabgiy Kachwalla,
Age 45 years, Occ: Doctor,
R/o 101, Silver Heach,
P.P.Jambhekar Marg, Dadar(west),
Mumbai 400 028. …Respondent
Mr. A.R. Patil Addl.G.P. for the Appellant –
State,
Mr. Ruchit L. Tolat i/b. M/s. Advocate for the Respondent
L.C.Tolat & co. No.1.
CORAM : S.M. MODAK, J
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DATE : 8 October 2026.
ORAL JUDGMENT :
Digitally
signed by
LATA
SUNIL
PANJWANI
Date:
2026.10.16
15:39:30
+0530
LATA
SUNIL
PANJWANI
1. Heard learned AGP and learned Advocate for the Respondent-
Claimant.
2. The land of the Respondent-Claimant situated at Village
Dongargaon, Tal. Mawal, Dist. Pune was acquired for excavation of
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LSP 2 32. FA-514-2009.doc
soil, murum, stones for construction of new Mumbai-Pune Express
High Way. The Special Land Acquisition Officer has offered the rate
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of Rs.14.5 per sq. meter as per the Award dated 20 January 1998.
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A notification under Section 4 was issued on 9 December 1996.
The reference was filed bearing No.188 of 1999 under Section 18 of
the said Act. The Court of Adhoc Additional District Judge, Pune as
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per the judgment dated 31 May 2007 has enhanced the rate to
Rs.500/- per sq. meter which is challenged in this appeal on behalf of
the State.
3. Learned Advocate for the Respondents relied upon the
judgment passed by the Division Bench of this Court in State of
Maharashtra v/s. Nequib Yahyabhiy Kachwalla in First Appeal
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No.1766/2008 dated 17 April 2026. In the said judgment the
State has challenged the enhancement granted for the same
acquisition for the land situated at Village – Kusgaon, Maval Taluka
Dist. Pune.
4. After hearing both the sides the Division Bench has dismissed
the appeal and confirmed the rate of Rs.500/- per square meter.
Learned Advocate for the Respondents prays that for the same
reasoning present appeal filed needs to be dismissed.
5. Learned AGP has taken me through the contents of the
st
impugned judgment dated 31 May 2007. The Reference Court after
considering the oral evidence, the previous judgments and location
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LSP 3 32. FA-514-2009.doc
of land was pleased to enhance the rate to Rs.500/- per sq. meter.
According to learned AGP the rate enhanced by the impugned
judgment is excessive. The Reference Court after considering the
rates of the said instances relied upon by the claimant has fixed the
rate of Rs.500/- sq. meter. The rate as per this sale instance was on
higher side but those lands are situated at Lonavla city whereas the
land under acquisition is situated at Village Dongargaon, Tal. Mawal,
Dist. Pune which is far away from the lonavla city.
6. Applicant gave evidence and examined valuer Shri Pansare.
Valuer has valued the acquired land @ Rs.1100/- per sq. meter.
Though the claimant has relied upon rate fixed in LAR
No.354/1997 of land at Village Nangargaon, with the help of map
he could not show proximity of both the lands. The map produced
by valuer Shri Pansare is not the authentic map. The sale instance is
not considered by the reference Court because sale pertains to land
which is situated in Lonavala city. Land Acquisition Officer has
divided the land on the basis of assessment. It was discarded by the
reference Court (Para-18).
7. The reference Court has also discarded the method of
valuation on the basis of ready reckoner method (Para-19). The
reference Court has disapproved the method of valuation on the
basis of agriculture use. It was rightly done on the basis of residential
use (Para-21). Though the reference Court has not accepted the rate
of Rs.900 per sq. meter offered in sale instance, potential of land for
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LSP 4 32. FA-514-2009.doc
residence use is considered (Para-24). There is a certificate issued to
that effect.
8. The reference Court has also deducted development charges
and fixed the rate at Rs.500/- per sq. meter. The reference Court has
rightly discarded the alleged proximity of acquired land to the land
in which Singad Institute is situated. Because except photographs, no
evidence was produced. The reference Court has rightly rejected the
rate of Rs. 700/- per sq. meter granted for the lands situated at
Village Tungarli because it is not comparable instance.
9. Further more, the Applicant has also relied upon the Valuation
Report. The Division Bench in Para No.56 has considered the
Valuation Report filed in that matter in great detail. In Para No.70
the Division Bench has come to conclusion that the enhancement
granted in the said matter at Rs.500/- per sq. meter was proper. The
Division Bench has dealt with the observations in various judgments
relied upon by the Respondents and also on behalf of the State and
accordingly come to conclusion that compensation was fair and just.
For the said reasoning I am not going into detail about the grounds
taken in the appeal memo. It is true in the matters arising out of
land acquisition Act, the judgments can be relied upon if they pertain
to the same notification and pertain to the acquisition of land from
the same location. These tests are satisfied in this appeal so I find no
merit in the appeal. There is a request to give directions to disburse
the amount and to liquidate the Bank Guarantee. Hence, the order:
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LSP 5 32. FA-514-2009.doc
ORDER
(i) The Appeal is dismissed.
(ii) The Reference Court is directed to pass necessary orders for
disbursal of the amount to the claimant which is deposited
in fixed deposit.
(iii) The Reference Court is further directed to pass necessary
orders for liquidation of Bank Guarantee.
(iv) The amount be disbursed to the claimants as mentioned in
the award.

(S.M. MODAK, J.)
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