The State Of Maharashtra vs Dhondya Halya Patil (Decd.) By Lrs.

CNR No : HCBM010181992002

LSP 1 26 fa 299.03.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
First Appeal No. 299 of 2003
Ini
L.A.R. No.15 of 1994

1. The State of Maharashtra
Through the Special Land
Acquisition Officer, Minor
Irrigation, Raigad-Alibag …. Appellant
Versus
1. Shri Dhondya Halya Patil
(since deceased thr. His LRs)
Shri Parshuram Dhondya Patil
R/O Punade, Taluka Uran,
Dist. Raigad … Respondent.
Mr. A.R.Patil Advocate for the Appellant.
None for the Respondents.
CORAM : S.M. MODAK, J
Digitally
signed by
LATA SUNIL
PANJWANI
Date:
2026.10.23
14:40:44
+0530
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Reserved On : 8 October 2026.
LATA
SUNIL
PANJWANI
rd
Pronounced On : 23 October 2026.
JUDGMENT :
1. In this appeal the State has challenged the enhancement
granted by the Court of Civil Judge Senior Division, Panvel in Land
Acquisition Reference No.15/1994. Special Land Acquisition Officer
has offered a rate of Rs.2.41 per sq. meter whereas it is enhanced by
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LSP 2 26 fa 299.03.doc
the Reference Court to Rs.10 per sq. meter. This enhancement is
challenged on behalf of the State.
2. I have heard learned AGP on behalf of State. Notice is served
on the Respondent but no one has appeared on behalf of
Respondent-Claimant.
3. With the assistance of learned AGP, I have gone through the
contents of the judgments and record. The relevant dates for the
consideration are as follows:
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(a) On 13 March 1989 notification under Section 4 of Land
Acquisition Act was published. The land in question is
situated at village Punade, Tal, Uran, Dist. Raigad bearing
Survey No.114, Hisa No.2/14 admeasuring 8 gunthas.
(b) The land was acquired for the purpose of irrigation project.
(c) The Special Land Acquisition officer has declared the award
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on 9 January 1992.
(d) The Claimant was not satisfied with the award and hence
matter is referred to the Court of Civil Judge Senior
Division.
4. The parties have led evidence before the reference Court. It is
as follows:
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(i) Claimant has examined himself.
(ii) Valuer - Manohar Gopal Vaidya is examined and he relied
upon the valuation report.
(iii) the claimant relied upon the rate fixed by the Reference
Court in the judgment in LAR No.8.84.
5. Whereas the State relied upon following evidence:
(i) The evidence of Dinkar Baburao Thombare, Assistant
Director of Town Planning, Alibag
(ii) Copy of Sale Deeds in respect of land situated at Village
Punade and village Vasheri (Sarde) and village Vasheri were
relied upon. They were referred in L.A.R. No.61/1994.
(iii) Measurement Plan was relied upon.
6. The findings of the Reference Court is as follows:
(a) About the topography of the acquired land the reference
Court considered the government road which approaches to
village Punade from Panvel-Uran road. Even Panvel-
Chirner road also approaches to Punade village.
(b) There is a S.T. bus service available to the village since 1970.
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Education facility upto 7 standard is available. There is
grocery shop, vegetable shop and other commodities are
available in the village itself. Even there is hospital situated
at village Koproli at the distance of 3 kms.
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LSP 4 26 fa 299.03.doc
(c) There is a gram panchayat office in the village.
(d) There are establishments of public sector undertakings in
and around the village. They are JNPT, Gas Turbine
Project, Central Warehousing Corporation Project, ONGC,
Naval Armament Depot at a distance of 7-8 kms. from the
village.
(e) There is Chirle railway station at the distance of 8-9 kms
from the village Punade.
(f) The use of the land is agriculture and the claimant is
cultivating the rice. This is the Basmati rice.
(g) The Valuer - Manohar Gopal Vaidya has also considered the
above factors and valued the land in question at Rs.50/- per
sq. meter.
(h) The land is a plain and leveled land and it is at low level as
compared to road because the road and railway is
constructed after filling.
(I) In 1970 CIDCO has notified almost all the land for
development of New Bombay project on west and north
side.
(J) The reference Court in other references has fixed the rate.
They are as follows
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LSP 5 26 fa 299.03.doc
(i) In LAR 110/89 the rate fixed is from Rs. 25 per sq.
meter to Rs. 35 per sq. meter for the lands at Kamothe.
For the lands at village Bendkhal the rate fixed is Rs.30/-
per sq. meter. The valuer has also considered the rate
fixed in the villages in Uran Taluka.
(ii) In L.A.R. 8/84 the Court of Civil Judge Senior Division
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Alibag as per the award dt. 11 September 1989 has
fixed the rate of Rs.10/- per sq. meter. The notification
was dated 4th February 1970.
(iii) The Court of Civil Judge Senior Division Alibag has
awarded the rate of Rs.12 per sq. meter in L.A.R. 155/86.
It is in respect of land situated at village Sonkhar, Tal.
Uran.
(iv) In L.A.R. 124/1994 the Court of Civil Judge Senior
Division Panvel has awarded the rate of Rs.10/- per sq.
meter for the land which is situated at junction of
Panvel-Chirner road in L.A.R. No. 124/94.
(v) In L.A.R. 72/1996 the Court of Civil Judge Senior
Division Panvel has awarded the rate of 1000/- per sq.
meter for the land at village Jasai but Section-4
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notification is dated 25 July 1994 much after Section-4
notification in the present appeal.
(vi) In L.A.R. 7/96 for village Kamothe even the reference
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court has granted the same rate but the notification was
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dated 15 September 1995. That can’t be considered.
(vii) The valuer Dinkar Thombare examined by the State
has referred about the comparison method adopted by
him while doing valuation. He has referred to one sale
instance at village Punade. Further more the valuer
Thombare has adopted the method of valuation on the
basis of assessment. According to Mr. Thombare the
acquired land is not having non-agriculture potentiality
and no infrastructural facilities are available and hence,
he has deposed that rate offered by Special Land
Acquisition officer is proper.
(viii) Though the valuer has referred to one sale instance
from the same village Punade but the reference Court
observed that it is for small piece of land and it can’t be
considered. The reference Court is right. Because for
smaller piece of land there can be different valuation as
compared to larger piece of land.
(ix) In para No.11 the reference court has considered the
topography of the land and the infrastructural facility
available in and around the land.
(x) Reference court in Para No.14 has compared the report
given by valuer Shri Thombare on one hand and report
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given by valuer Shri Vaidya on the other hand. The
reference Court has given more weightage to the report
given by valuer Shri Vaidya. It is for the reason the
topography and infrastructural facility available in and
around in the village Punade and that is emphasized by
valuer Shri Vaidya and claimant has also deposed about
the same.
(xi)The reference court has given more weightage to the
rate fixed by the Reference Court in other references. It
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is L.A.R. 8/84 decided on 11 September 1989 wherein
the rate fixed is Rs.10/- per sq. meter for village
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Bendkhar. The date of notification is 4 February 1970.
Reference Court further considered the rate fixed in
L.A.R, No.155/86. It is for the village Sonkhar, Tal.
Uran. The rate fixed is Rs.12/- per sq. meter. Thirdly, the
rate fixed in L.A.R. 124/1994 of Rs.10/-per sq. meter is
also considered.
7. After considering all these rates, topography and
infrastructural facilities available, the reference Court has fixed the
rate of Rs.10/- per sq. meter.
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8. In L.A.R. No.8/84 the date of notification was 4 February
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1970 i.e. much earlier to the present notification dated 30 March
1989 and the rate offered in that matter was Rs.10.- per sq. meter
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whereas rate offered in the present reference is also Rs.10/- per sq.
meter. It is true the claimant has not relied upon a reliable sale deeds
except one which was rejected by the reference Court, however, at
the same time, the reference Court has considered the rate fixed in
other references for land which is comparable. It is not the law that
every time the sale instances is to be considered. If there are sale
instances, it can be considered. Otherwise also the rate fixed in other
references can also be considered. This has happened in the present
case. The findings given by the Reference Court about the valuation
report is not erroneous.
9. I find there is no merit in the appeal. It is dismissed.
(S.M. MODAK, J.)
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