STATE OF MAHA vs. SHRIRAM KADU CHAUDHARI

2026:BHC-AUG:3059
945 FA NO. 689 OF 2003 +++.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
945 FIRST APPEAL NO. 689 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Vasant Gopal Bhoite
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 687 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Ganpat Ramkrishna
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 688 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
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VERSUS
Sakharam Jivan Bhoi,
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 683 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Purshottam Kadu Chaudhari
Age: major, Occu: Agri.
R/o Kalamsara, for himself
and S.P.A. of Bhagwan Kadu
Chaudhari, Occu: Agri.,
R/o. Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 684 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Shriram Kadu Chaudhari
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
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(( 3 )) 945 FA NO. 689 OF 2003 +++
WITH
FIRST APPEAL NO. 698 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Smt. Dropadabai Kadu Chaudhari,
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 690 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Ramkrishna Mahipat,
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 694 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
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2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Shantabai Kisan,
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 695 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Bhausaheb Panditrao Bhoite,
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
WITH
FIRST APPEAL NO. 699 OF 2003
1. Special Land Acquisition Officer,
(MIW), Jalgaon
2. The Executive Engineer,
(MIW), Jalgaon ..Appellants
(Orig. Respondents)
VERSUS
Nathu Panditrao Bhoite
Age: major, Occu: Agri.
R/o Kalamsara,
Ta;. Pachora, Dist. Jalgaon ...Respondent
(Orig. Petitioner)
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(( 5 )) 945 FA NO. 689 OF 2003 +++
…
Mr. D. J. Patil, AGP for Appellants/State in all appeals
Mr. S. V. Dixit h/for Mr. V. J. Dixit, Advocate for Respondents in all
appeals
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 17.01.2026
ORAL JUDGMENT :-
1. These Appeals have been preferred by the State
Government against the impugned judgments and awards passed in
the Land Acquisition References, as given in the chart below.

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2. The learned AGP for the appellants-State pointed out the
pleadings, the evidence, the grounds of objections in the appeals, and
the reasons and findings of the learned Reference Court. He
submitted that the agricultural lands of the claimants were acquired
by the State Government for the Project of Minor Irrigation Tank at
Kalamsara. He further submitted that the Special Land Acquisition
Officer awarded compensation as shown in the above chart.
However, the learned Reference Court enhanced the amount of
compensation and awarded compensation @ Rs.3,70,000/- per
hectare. He submitted that the learned Reference Court awarded an
excessive amount of compensation without properly considering the
evidence on record.
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3. He further submitted that the report submitted by the
Horticulture Department was wrongly appreciated and that the
nature of the land, including potkharab land, was not considered by
the learned Reference Court. Even though the 7/12 extracts were not
produced on record, a huge amount of compensation was awarded.
He prayed to allow the appeals by setting aside the impugned
judgments and awards.
4. The learned advocate for the respondents-claimants
strongly objected the appeals and submitted that the claimants had
proved their case for enhancement of compensation. He further
submitted that the learned Reference Court considered the entire
evidence on record and awarded a reasonable amount of
compensation as per the market value of the acquired land as well as
mango trees, jujube trees, and tamarind trees etc. He therefore
submitted that unless any perversity is shown, the impugned
judgments and awards cannot be set aside. He prayed to dismiss the
appeals.
5. Perused the Record and Proceedings, particularly the
evidence, the grounds of objections in the appeals, and the reasons
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and findings of the learned Reference Court. The learned Reference
Court considered the sale exemplar and held that it was genuine, as it
was executed prior to the acquisition of land. The sale exemplar
pertained to land admeasuring 81 Are and was sold for a
consideration of Rs.1,50,000/-. The lands of the claimants were
irrigated lands. The learned Reference Court considered the quality
of the land and accordingly awarded a reasonable amount of
compensation @ Rs.3,70,000/- per hectare.

6. As far as the trees are concerned, in paragraph No.15 of the
impugned judgment, the learned Reference Court considered the
report of the experts from the Horticulture Department, who visited
the field and found four jujube trees in block No.47, two mango trees
in block No.46/2, five mango trees in Block No.37, nine jujube trees
in Block No.47, two tamarind tree, one mango tree and two jujube
trees in Block No.52. The learned Reference Court considered the
fruit bearing capacity of the said trees along with their seasonable
income, accepted the expert report and awarded reasonable amount
of compensation i.e., Rs.25,000/- for per mango trees, Rs.8,000/- for
per jujube trees, Rs. 20,000/- for per tamarind trees. The
compensation awarded by the learned Reference Court is found to be
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reasonable as per the market rate. The evidence of the witnesses has
been properly appreciated and there is no perversity or illegality in
the impugned judgments and awards. Therefore, the award deserves
to be confirmed and no interference is warranted in it. Hence, the
following order:
::ORDER::
i. The first appeals are dismissed.
ii. Pending civil applications, if any, stand disposed of.
iii. No order as to costs.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav
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