Union Of India Through The General Manager Central Railway Mumbai And ORS. v. Mohan Baburao Gaykwad

2026:BHC-AUG:15978 1 fa 418.26 group railway appeals

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 FIRST APPEAL NO. 418 OF 2026 CIVIL APPLICATION NO. 3571 OF 2025 The Executive Engineer, Central Railway, Pune and others Subhash Narayan Gore and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent Nos. 1 to 4-A to 4-C and 5.

AND 923 FIRST APPEAL NO. 3530 OF 2025 Nagurao Raosaheb Rathod and another .. Respondents Shri Shashikant E. Shekade, Advocate for the Respondent Nos. 1 and 2.

AND 924 FIRST APPEAL NO. 502 OF 2026 CIVIL APPLICATION NO. 7079 OF 2024 Suryabhan Tabaji Waghule .. Respondent

2 fa 418.26 group railway appeals 924 FIRST APPEAL NO. 510 OF 2026 CIVIL APPLICATION NO. 7092 OF 2024 Tukaram Pandurang Waghule .. Respondent Ms. G. R. Jagtap and Shri C. K. Shinde, Advocate for the Respondent.

924 FIRST APPEAL NO. 507 OF 2026 CIVIL APPLICATION NO. 7075 OF 2024 Santosh Manik Sonwane .. Respondent Shri Chandrakant K. Shinde, Advocate for the Respondent. 924 FIRST APPEAL NO. 506 OF 2026 CIVIL APPLICATION NO. 7073 OF 2024

3 fa 418.26 group railway appeals Uttam Sadhu Waghule .. Respondent Ms. G. R. Jagtap and Shri C. K. Shinde, Advocate for the Respondent.

924 FIRST APPEAL NO. 503 OF 2026 CIVIL APPLICATION NO. 7077 OF 2024 Shivaji Babu Waghmare .. Respondent 924 FIRST APPEAL NO. 504 OF 2026 CIVIL APPLICATION NO. 7082 OF 2024 Deorao Babu Waghmare .. Respondent 924 FIRST APPEAL NO. 505 OF 2026 CIVIL APPLICATION NO. 7095 OF 2024

4 fa 418.26 group railway appeals Dwarkabai Sakharam Dhodge .. Respondent 924 FIRST APPEAL NO. 508 OF 2026 CIVIL APPLICATION NO. 7088 OF 2024 Murlidhar Sadhu Waghule .. Respondent 924 FIRST APPEAL NO. 509 OF 2026 CIVIL APPLICATION NO. 7085 OF 2024 Bhau Babu Waghmare .. Respondent AND 925 FIRST APPEAL NO. 511 OF 2026 CIVIL APPLICATION NO. 7197 OF 2024

5 fa 418.26 group railway appeals Ajinath Changu Jadhav and others .. Respondents 925 FIRST APPEAL NO. 513 OF 2026 CIVIL APPLICATION NO. 7189 OF 2024 Subhash Rangnath Waghule .. Respondent Shri Chandrakant K. Shinde and Ms. G. R. Jagtap, Advocate for the Respondent.

925 FIRST APPEAL NO. 514 OF 2026 CIVIL APPLICATION NO. 7191 OF 2024 Babasaheb Bhau Waghule .. Respondent Shri Chandrakant K. Shinde and Ms. Jagtap, Advocate for the Respondent.

925 FIRST APPEAL NO. 515 OF 2026 CIVIL APPLICATION NO. 7195 OF 2024

6 fa 418.26 group railway appeals Nana Sona Jadhav and another .. Respondents Shri Chandrakant K. Shinde and Ms. Jagtap, Advocate for the Respondent Nos. 1 and 2.

925 FIRST APPEAL NO. 517 OF 2026 CIVIL APPLICATION NO. 7199 OF 2024 Ramdas Rangnath Waghule .. Respondent Shri Chandrakant K. Shinde and Ms. Jagtap, Advocate for the Respondent.

925 FIRST APPEAL NO. 518 OF 2026 CIVIL APPLICATION NO. 7187 OF 2024 Dnyandeo Vitthal Waghule .. Respondent Shri Chandrakant K. Shinde and Ms. Jagtap, Advocate for the Respondent.

7 fa 418.26 group railway appeals 925 FIRST APPEAL NO. 519 OF 2026 CIVIL APPLICATION NO. 7183 OF 2024 Bajirao Pandurang Waghule .. Respondent Shri Chandrakant K. Shinde and Ms. Jagtap, Advocate for the Respondent.

925 FIRST APPEAL NO. 512 OF 2026 CIVIL APPLICATION NO. 7193 OF 2024 Mohan Baburao Gaykwad .. Respondent 925 FIRST APPEAL NO. 516 OF 2026 CIVIL APPLICATION NO. 7185 OF 2024 Anant Hari Gawhale .. Respondent

8 fa 418.26 group railway appeals 925 FIRST APPEAL NO. 520 OF 2026 CIVIL APPLICATION NO. 7181 OF 2024 Kishan Sadu Sonwane and others .. Respondents AND 926 FIRST APPEAL NO. 590 OF 2026 CIVIL APPLICATION NO. 7054 OF 2024 Baban Rangnath Waghule .. Respondent AND 927 FIRST APPEAL NO. 591 OF 2026 CIVIL APPLICATION NO. 7046 OF 2024 Deorao Kondiba Jadhav .. Respondent AND

9 fa 418.26 group railway appeals 928 FIRST APPEAL NO. 592 OF 2026 CIVIL APPLICATION NO. 7028 OF 2024 Namdeo Sakharam Dhadage and another .. Respondents Ms. G. R. Jagtap and Shri C. K. Shinde, Advocates for the Respondent Nos. 1 and 2.

AND 929 FIRST APPEAL NO. 593 OF 2026 CIVIL APPLICATION NO. 7030 OF 2024 Dhondiba Dagadu Shelar .. Respondent AND 930 FIRST APPEAL NO. 594 OF 2026 CIVIL APPLICATION NO. 7032 OF 2024 Digambar Vitthal Waghule .. Respondent

10 fa 418.26 group railway appeals Shri C. K. Shinde and Ms. G. R. Jagtap, Advocates for the Respondent No. 1.

AND 931 FIRST APPEAL NO. 595 OF 2026 CIVIL APPLICATION NO. 7034 OF 2024 Trimbak Pandurang Waghule .. Respondent AND 932 FIRST APPEAL NO. 596 OF 2026 CIVIL APPLICATION NO. 7048 OF 2024 Vishnu Sitaram Gaykawad .. Respondent AND 933 FIRST APPEAL NO. 597 OF 2026 CIVIL APPLICATION NO. 7036 OF 2024 Devidas Bhanudas Waghule .. Respondent

11 fa 418.26 group railway appeals AND 934 FIRST APPEAL NO. 598 OF 2026 CIVIL APPLICATION NO. 7050 OF 2024 Subhash Sadhu Waghule .. Respondent Shri Chandrakant K. Shinde and Ms. G. R. Jagtap, Advocate for the Respondent No. 1.

AND 935 FIRST APPEAL NO. 599 OF 2026 CIVIL APPLICATION NO. 7052 OF 2024 Sahebrao Waman Jadhav .. Respondent AND 936 FIRST APPEAL NO. 600 OF 2026 CIVIL APPLICATION NO. 7038 OF 2024 Baban Rangnath Waghule .. Respondent

12 fa 418.26 group railway appeals AND 937 FIRST APPEAL NO. 601 OF 2026 CIVIL APPLICATION NO. 7040 OF 2024 Bhau Sawala Jadhav Since deceased through his L.Rs.

Housabai and others .. Respondents AND 938 FIRST APPEAL NO. 602 OF 2026 CIVIL APPLICATION NO. 7044 OF 2024 Mahadeo Dhondiba Jadhav and others .. Respondent Shri Chandrakant K. Shinde and Ms. G. R. Jagtap, Advocate for the Respondent Nos. 1 to 3.

AND 939 FIRST APPEAL NO. 603 OF 2026 CIVIL APPLICATION NO. 7042 OF 2024

13 fa 418.26 group railway appeals Bandu Kondiba Jadhav .. Respondent AND 940 FIRST APPEAL NO. 630 OF 2026 CIVIL APPLICATION NO. 935 OF 2024 CIVIL APPLICATION NO. 8905 OF 2024 Ganpat Mansiram Jadhav .. Respondent 940 FIRST APPEAL NO. 632 OF 2026 CIVIL APPLICATION NO. 933 OF 2024 Narayan Kisan Jadhav Since deceased through his L.Rs.

Parmeshwar and others .. Respondents Shri Chandrakant K. Shinde and Ms. G. R. Jagtap, Advocate for the Respondents.

940 FIRST APPEAL NO. 631 OF 2026

14 fa 418.26 group railway appeals CIVIL APPLICATION NO. 943 OF 2024 Kusumbai Anant Gavhale .. Respondent 940 FIRST APPEAL NO. 633 OF 2026 CIVIL APPLICATION NO. 941 OF 2024 Vitthal Kishan Jadhav Since deceased through his L.Rs.

Kaushalya and others .. Respondents 940 FIRST APPEAL NO. 634 OF 2026 CIVIL APPLICATION NO. 945 OF 2024 Sanjanabai Babasaheb Kanase .. Respondent

15 fa 418.26 group railway appeals 940 FIRST APPEAL NO. 635 OF 2026 CIVIL APPLICATION NO. 931 OF 2024 Mahadeo Kisan Jadhav .. Respondent 940 FIRST APPEAL NO. 636 OF 2026 CIVIL APPLICATION NO. 947 OF 2024 Ramdas Parbhati Jadhav and another .. Respondents 940 FIRST APPEAL NO. 637 OF 2026 CIVIL APPLICATION NO. 929 OF 2024 Kundlik Pandurang Waghule .. Respondent 940 FIRST APPEAL NO. 638 OF 2026

16 fa 418.26 group railway appeals CIVIL APPLICATION NO. 939 OF 2024 Kamalbai Parasram Waghmare .. Respondent 940 FIRST APPEAL NO. 639 OF 2026 CIVIL APPLICATION NO. 13300 OF 2024 IN CIVIL APPLICATION NO. 937 OF 2024 CIVIL APPLICATION NO. 8915 OF 2024 Yadav Tulsiram Shelar Since deceased through his L.Rs.

Chandrabhagabai and others .. Respondents 940 FIRST APPEAL NO. 640 OF 2026 CIVIL APPLICATION NO. 927 OF 2024 Vishwanath Dhondiba Jadhav .. Respondent

17 fa 418.26 group railway appeals AND 941 FIRST APPEAL NO. 743 OF 2026 CIVIL APPLICATION NO. 3579 OF 2025 Kalyan Dattatraya Gore and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent Nos. 1 to 3.

941 FIRST APPEAL NO. 741 OF 2026 CIVIL APPLICATION NO. 3577 OF 2025 Gorakh Gangaram Waghule and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent Nos. 1 & 2.

941 FIRST APPEAL NO. 742 OF 2026 CIVIL APPLICATION NO. 3573 OF 2025

18 fa 418.26 group railway appeals Satish Kundlik Gore Since deceased through his L.Rs.

Anita Satish Gore and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent Nos. 1 to 4.

941 FIRST APPEAL NO. 740 OF 2026 CIVIL APPLICATION NO. 3575 OF 2025 Ambadas Mahadeo Waghule Since deceased through his L.Rs.

Kalinda and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent Nos. 1 & 2.

AND 942 FIRST APPEAL NO. 781 OF 2026 CIVIL APPLICATION NO. 13652 OF 2024 Eknath Bhanudas Waghule Since deceased through his L.Rs.

Navnath and others .. Respondents

19 fa 418.26 group railway appeals Shri Chandrakant C. Shinde and Ms. G. R. Jagtap, Advocates for the Respondent Nos. 1.1 to 1.3 and 1.5 to 1.8. CORAM : SHAILESH P. BRAHME, J.

DATE : 10TH APRIL, 2026.

FINAL ORDER :

.

Heard both sides finally.

2.

The acquiring body has preferred these appeals against common judgment and award dated 09.10.2023 awarding compensation at the rate of Rs. 4,762/- per R to the claimants - respondents, which is stated to be exorbitant and unreasonable. 3.

Appellants have undertaken acquisition for laying down new railway track from Ahmednagar - Beed - Parli. Lands from various villages have been acquired, which resulted into filing of various references. Those were decided by forming groups by the Reference Court. The judgments passed by the Courts are subjected to challenge by the acquiring body as well as the claimants in few of the matters. In the present group the claimants have not preferred any cross objection or appeal. The lands are from village Sheri (Bk), Tq. Ashti, Dist. Beed. 4.

Following are the material particulars :

20 fa 418.26 group railway appeals Sr.

No.

First Appeal No.

L.A.R.

No.

Gut No.

Area acquire d Date of Sec.

notification Rate awarded by the SLAO Rate fixed by the Reference Court.

418/2026 684/2014 0.30R 18.12.2008 Rs.

1200/- per R Rs. 4,762/- per R. Jirayat 3530/2025 235/2018 18.12.2008 Rs.

1200/- per R Rs. 4,762/- per R. Jirayat 502/2026 190/2014 26/2 0.46R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 510/2026 172/2014 0.29R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 507/2026 166/2014 26/1 0.15R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 506/2026 163/2014 0.10R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 503/2026 188/2014 0.42R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 504/2026 737/2014 0.21R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 505/2026 740/2017 0.13R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs.

4,762/- per R. Jirayat 508/2026 169/2014 0.30R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R Bagayat 509/2026 176/2014 0.10R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 511/2026 184/2014 0.15R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R Bagayat 513/2026 170/2014 0.16R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R.

21 fa 418.26 group railway appeals 514/2026 185/2014 0.03R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 515/2026 182/2014 0.24R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 517/2026 171/2014 0.11R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 518/2026 168/2014 0.23R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 519/2026 167/2014 0.29R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R. Bagayat 512/2026 179/2014 0.21R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 516/2026 187/2014 0.06R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R.

Bagayat 520/2026 196/2014 2.36R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 590/2026 164/2014 25/3 26/1 0.07R 0.22R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 591/2026 193/2014 0.24R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R. Bagayat 592/2026 739/2017 0.29R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R. Bagayat 593/2026 195/2014 115/1 0.24R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 594/2026 197/2014 0.16R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R.

22 fa 418.26 group railway appeals 595/2026 198/2014 0.32R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R. Bagayat 596/2026 931/2017 115/4/ 111/5/ 0.01R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 0.20R 597/2026 199/2014 0.15R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R. Bagayat 598/2026 178/2014 0.24R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 5,738/- per R. Bagayat 599/2026 165/2014 0.08R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 600/2026 200/2014 0.06R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 601/2026 194/2014 0.06R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs.

4,762/- per R. Jirayat 602/2026 189/2014 0.30R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 603/2026 180/2014 0.05R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 630/2026 173/2014 0.02R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 632/2026 204/2014 111/4 0.21R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 631/2026 192/2014 0.65R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 633/2026 186/2014 111/3 177/4 0.11R 0.29R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R.

23 fa 418.26 group railway appeals 634/2026 202/2014 117/1 0.02R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 635/2026 203/2014 111/3, 117/4 0.15R 0.07R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 636/2026 183/2014 112/10 112/10 0.04R 0.29.50 R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 637/2026 201/2014 0.25R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 638/2026 181/2014 0.26R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 639/2026 177/2014 115/1/ 0.16R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 640/2026 191/2014 111/2 111/09 111/10 116/06 111/5 0.09R 0.

08R 0.42R 0.09R 0.17R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 743/2026 682/2014 75/1 0.09R 0.07R 18.12.2008 Rs. 1200/- - per R Rs. 4,762/- per R. Jirayat 741/2026 683/2014 18.12.2008 Rs. 1200/- - per R Rs. 4,762/- per R. Jirayat 742/2026 1014/201 0.15R 18.12.2008 Rs. 1200/- - per R Rs. 4,762/- per R. Jirayat 740/2026 685/2014 0.42R 0.43R 18.12.2008 Rs. 13 00/- - per R Rs. 4,762/- per R. Jirayat 781/2026 735/2017 0.09R 18.12.2008 Rs. 1200/- - I Rs. 1300/- - II Rs. 1400/- - III per R Rs. 4,762/- per R. Jirayat 5.

The lands of the respondents were treated to be irrigated lands. The Special Land Acquisition Officer (for the sake of brevity and convenience hereinafter referred as to the "S.L.A.O.")

24 fa 418.26 group railway appeals offered rate ranging from Rs. 1,150/- to 1,350/- per R. Award was passed on 20.07.2010. The rate is enhanced to Rs. 4,762/- per R by the Reference Court. The possession was taken on 09.07.2010. The group is decided by the Reference Court referring to papers of L. A. R. No. 684 of 2014. 6.

Mr. Ajay Talhar, learned D. S. G. I. submits that Reference Court committed error of jurisdiction in enhancing the rate which is not supported by adequate material. It is submitted that S.L.A.O. had undertaken due procedure of law and inspection was done. The documents were collected to arrive at market rate. As against that the sale instances placed before the Reference Court were incompatible. The reliance on the rate fixed in L. A. R. No. 191 of 2014 is arbitrary and illegal. It is submitted that considering the location and the potential of the lands under acquisition, the Reference Court erred in enhancing the rate. The Reference Court further committed illegality in granting statutory benefits of solatium and additional component.

7.

Per contra, learned counsels appearing for the respondents - claimants support the impugned judgment and award. They would submit that on the ground of parity the Reference Court cautiously adopted the rate given in L.A.R. No. 191 of 2014 after considering relevant aspects of the matter. It is further submitted that when the sale instance at Exhibit 39 was treated to be compatible, the deduction of 70% was unreasonable. In

25 fa 418.26 group railway appeals fact, the claimants are entitled to receive more rate than awarded by the Reference Court, but they have not preferred any appeal due to precarious financial condition. The statutory benefits awarded by the Reference Court cannot be faulted with. 8.

I have considered rival submissions of the parties. I have formulated following points for determination. I.

Whether the enhancement granted by the Reference Court is liable to be quashed ?

II Whether the statutory benefits extended by the Reference Court are in accordance with law ?

9.

The respondents adduced oral and documentary evidence. The evidence adduced in L.A.R. No. 684 of 2014 was taken into account. The lands from village Sheri Budruk were acquired for new railway line. The preliminary notification under section 04 of the L. A. Act was issued on 18.12.2008. Respondents relied on sale deed dated 07.08.2002 at Exhibit 35 and 02.02.2000 at Exhibit 39. They also produced on record common judgment dated 23.11.2022 passed in LAR No. 191 of 2014. The appellant did not adduce any oral evidence but only relied upon the award passed by the Special Land Acquisition Officer. 10.

Point No. I :

The respondents / claimants have produced evidence on record to show that the lands acquired are irrigated lands. The

26 fa 418.26 group railway appeals oral evidence is corroborated by 7 / 12 extract showing crop pattern. Appellant did not challenge the classification of the land. Therefore, it can be safely treated that the lands under acquisition are bagayat lands.

11.

The reference Court was conscious of the law laid down by the Supreme Court in the matter of Chimanlal Hargovinddas Vs. Special Land Acquisition Officer, and others reported in MANA/SC/0071/1988 laying down that the award of the Land Acquisition Officer is not a judgment of the trial Court but it is merely an offer of the rates. The proceedings before the reference Court are original in nature and it would be open for the parties to lead evidence before it. The judgment of Municipal Corporation of Greater Bombay, Mumbai Vs. State of Maharashtra and others reported in 2009(2) All MR 270 was also taken into account for determining the probable market value of the land under acquisition. It further reveals that the ratio laid down in Meharwal Khewalji Trust, Faridkot and others V. State of Punjab and others reported in AIR 2012 SC 2721 was kept in mind which shows that the highest rate of the sale exemplar if it is bona fide and akin to the nature of the land needs, is to be accepted.

12.

Two sale instances are produced on record. The preliminary notification was issued on 18.12.2008. The rate in the sale exemplar at Exhibit 35 was Rs.9,000/- per R and in case of Exhibit 39, Rs.10,000/- per R. The rate in Exhibit 39 was closer to the approximate market value of the acquired land

27 fa 418.26 group railway appeals because in that case 20 R of dry land was sold. Whereas the lands under acquisition are bagayat lands. The reference Court deducted 70% because there was difference in the lands under acquisition and the land in the sale exemplar considering the location and potentiality. It is vulnerable. The respondents did not claim any enhancement by challenging the findings in respect of the rate fixed by the reference Court. Hence, it is not necessary to examine as to whether the respondents / claimants are entitled to more amount than fixed by the reference Court. 13.

The reference Court fixed the rate on the basis of common judgment dated 23.11.2022 passed in LAR No. 191 of 2014. I have gone through a copy of the judgment. In that case also, lands from village Sheri stood acquired for new railway line. The sale example which is at Exhibit 39 dated 02.02.2000 and further two sale instances were pressed into service. The sale instance dated 02.02.2000 was accepted and rate of Rs.4,762/- was arrived at. There is room to say that considering the sale exempler, more rate could have been fixed but in the absence of any challenge by the respondents / claimants, the exercise is unwarranted in the present case.

14.

It further reveals from record that in couple of matters reliance is placed on the judgment dated 23.11.2022 passed in L.A.R. No. 205 of 2014 fixing the rate at Rs. 4,762/- per R for dry land and Rs. 5,738/- per R for irrigated land. The judgment passed in L.A.R. No. 191 of 2014 and L.A.R. No. 205 of 2024 have

28 fa 418.26 group railway appeals not been challenged by either of the parties. Those are conclusive and final. Therefore, the Reference Court is justified in adopting rate of Rs. 4,762/- per R for dry land. 15.

The reference Court accepted rate of Rs.4,762/- per R, by adopting the rate from LAR No. 191 of 2014. The discretion has been exercised judiciously and reasonably. There is no reason to discard the rate. There is always some element of guesswork in fixation of the probable market value. It is permissible to have guesstimate as explained by the Hon'ble Apex Court in Trishala Jain V. State of Uttaranchal, which is rightly followed by the reference Court. I do not find any illegality in fixing the rate by the reference Court. The appellant has failed to make out any case to cause interference in fixing the rate which is reasonable and akin to the market value at the prevalent time. 16.

Point No. II The reference Court has assigned reason for not granting interest under section 34 of the Land Acquisition Act. The possession was taken from the claimants on 29.07.2010 immediately after passing of the award on 20.07.2010. It is admitted by the respondents that the notice under section 12(2) was issued on 28.07.2010. The claimants are entitled to get interest U/Sec 28 of the L. A. Act. I find that no illegality is committed by the reference Court in awarding the interest. Needless to state that respondents are entitled to receive interest in view of State of Maharashtra V. Kailash Shiva Rangari reported in

29 fa 418.26 group railway appeals 2016(3) Mh.L.J. 457.

17.

The claimants are entitled to receive benefit U/Sec. 23(1A) of the L. A. Act, which is rightly awarded by the Reference Court. No case is made out by the appellant as to how the statutory benefits including interest are not in accordance with law.

18.

It is made clear that dismissal of these Appeals preferred by the acquiring body would not bind any other the claimants' whose lands have been acquired for the selfsame project in claiming enhancement of the compensation by preferring independent Appeals or the Cross-Objections. Their claim for any further enhancement would be dealt with in accordance with law and on the basis of the evidence produced on record. 19.

It is further clarified that the counsels appearing for the respondents/claimants have made candid statement that their clients are unable to prefer any appeal or cross objection for enhancement in the High Court. They are precluded from claiming enhancement in future.

20.

For the reasons stated above, I do not find that there is any perversity or illegality in the judgment and award passed by the reference Court. The Appeals preferred by the acquiring body sans merit. Hence, I pass the following order :

30 fa 418.26 group railway appeals

O R D E R

A.

First Appeals are dismissed.

B.

Award be drawn accordingly.

C.

There shall be no order as to costs.

D.

The amount deposited by the appellants - acquiring body shall be disbursed to the respondents - claimants with accrued interest as per their entitlement.

E.

In case the amount is not deposited, appellants shall make the payment expeditiously.

F.

All pending civil applications for stay stand disposed of. [ SHAILESH P. BRAHME J. ] bsb/April 26