The State Of Maharashtra vs Shamrao Shivram Nikam

CNR No : HCBM010095752000

FA-775-01.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.775 OF 2001
WITH
CIVIL APPLICATION NO.1565 OF 2003
The State of Maharashtra (Through
the Special Land Acquisition Officer,
Vaitarna Hydro Electric Project, Nashik ...Appellant
Vs.
Shri. Shamrao Shivram Nikam,
(Since deceased through his legal heirs:-)
1. Smt. Laxmibai Shamrao Nikam,
Wife, Age :82 yrs.,
R/o. Manur, Tal. Kalwan,
District Nashik.
2. Sou. Vimal Bajirao Roudal,
Daughter, Age : 60 yrs.,
R/o. Flat No.2, Suyog Colony,
Behind Gurukul Hsg. Society,
Parijatnagar, Nashik.
3. Sou. Alka Vasant Ahire,
Daughter, Age : S7 yrs.,
R/o. Umasmru thi Apartment,
Plot No.1- General Vaidysnagar,
Poornima Stop, Nashik.
4. Sou.Sunanda Bharat Palekar,
Daugh ter, Age : 50 yrs,
R/o. Plot No.4, Chetak Apartment,
Saubhang Nagar, Gangsapur Road,
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Nashik.
5. Sau. Pushpa Sanjay Palekar,
Daughter, Age : 48 yrs.,
R/o. At Post Pale, Tal. Kalwan,
District:Nashik.
6. Sou. Meena Shirishkumar Kotwal,
Daughter, Age : 46 yrs.,
R/o.Chandwad, Tal Chandwad,
District Nashik.
7. Sou. Rekha Ksila sh Shinde,
Daughter, Age : 43 yrs.,
R/o. Chandwad, Tal Chandwad,
District Nashik.
8. Sou. Ujwala Rajendra Pawar,
Daughter, Age 38 yrB.,
R/o. Nagapur, Tal.Nandga on,
District Nashik.
9. Shri. Rajiv Shamrao Nikam,
Son, Age :40 yrs., Occu. : Agri.,
R/o. Manur, Tal. Kalwan,
District Nashik.
(Amendment carried out as per the Hon'ble Courts
O rder dtd, 24/08/2011 in C.ANo. 2149/2011(for
LH.of Sole Respdt.) in FA.No. 775/2001.) ...Respondents
*
Mr. A. R. Patil Addl. G. P. for the Appellant.
None Advocate for the Respondent.
*
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CORAM : S. M. MODAK, J.
th
RESERVED ON: 17 SEPTEMBER 2026
rd
PRONOUNCED ON: 23 OCTOBER 2026
JUDGMENT :-
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1. The Court of District Judge, Nashik as per the award dated 29
April 2000 has enhanced the rate from Rs.9278/- per hectare to
Rs.1,10,000/- per hectare (Rs.11/- per square meter). This is challenged
on behalf of the State.
2. I have heard learned AGP. Respondents are served, but they have
not appeared.
3. The relevant dates for our consideration are as follows:
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a. Notification under Section 4 was published on 27
March 1984.
b. The land is to be acquired for construction of a
Government Colony for sub-division of Punad project
near Kolhapur Fata at village Manur. Tal-Kalwan, District
Nashik.
c. Special Land Acquisition Officer has passed an award on
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st
31 March 1986 and he has offered rate of Rs.9,278/-
per hectare.
d. On a reference, learned Joint District Judge, Nashik has
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passed a judgment on 29 April 2000 and enhanced the
rate to Rs.1,10,000/- per hectare i.e. Rs.11/- per square
meter.
4. With assistance of learned AGP, I have gone through the
contents of the said judgment.
5. It seems that the claimant Shamrao Nikam has given evidence
so also he has examined one Bholanath Birari and one Ghanashyam
Kothavade. They are the purchasers of land and they have produced
certified copies of their Sale Deeds. In addition to those sale instances
the Claimant has also relied upon the rate fixed by the Reference Court
in LAR No. 995 of 1990 and LAR No.421 of 1989. In both these
References, the Court has also relied upon the sale instances duly
proved by witness Birari and witness Kothavade. Details of land under
those two references is as follows:
a. LAR No.421 of 1989 wherein land owned by one Dadaji
Jagannath was acquired from village Manur and it was for
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the same project and the rate fixed was Rs.11/- per square
meter.
b. The second judgment is in LAR No.995 of 1990 wherein
Gut No.323 was acquired for construction of Industrial
Training Institute at Kalwan and rate of Rs.11/- per
square meter was offered.
6. It seems that the Reference Court has placed more reliance on
the rate fixed in LAR No.421 of 1989. It is for the reason land was
from the same village and it was for the same project. The land which is
acquired belonging to the claimants bears Gut No.259 and it is
situated at village Manur, Taluka Kalwan.
7. If we see the rate offered by the Special Land Acquisition Officer
of Rs.9278/- per hectare and the rate granted by the Reference Court at
Rs.1,10,000/- per hectare, we find that there is a large gap in between
these two rates but the rate enhanced by the Reference Court is on the
basis of the rate fixed in a previous Reference pertaining to land from
the same village and acquired for the same project. In fact the
enhancement granted by the Reference Court is on the basis of
sufficient material. There is no submission that the rate fixed in earlier
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LAR was challenged on behalf of the State. If it is so I find there is no
merit in the appeal.
8. Hence, Appeal is dismissed.
9. Pending Applications, if any, also stand disposed of.
[S. M. MODAK, J.]
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