[Cites 3, Cited by 0]
Bombay High Court
Bapu Krishna Mahasavade vs The Land Acquisition Officer No.17 Pune ... on 10 April, 2026
026:BHC-AS:2
Diksha Rane 26.2 IA115 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 115/2026
IN
FIRST APPEAL NO. 90/2023
SANTOSH DAGDU SANE ..APPLICANT
VS
THE LAND ACQUISITION OFFICER
NO 17 PUNE. ..RESPONDENT
WITH
IA/7529/2025
IN
FA/172/2021
LAXMAN BABURAO PILANE (DECECASED)
THR. LRS.1- ANUSAYA LAXMAN PILANE & ORS ..APPLICANTS
VS.
THE LAND ACQUISITION OFFICER NO.17 PUNE
AND ORS. ..RESPONDENTS
WITH
IA/7538/2025
IN
FA/309/2022
BAPU KRISHNA MAHASAVADE ..APPLICANTS
VS.
THE LAND ACQUISITION OFFICER NO.17 PUNE
AND ORS. ..RESPONDENTS
WITH
IA/7534/2025
IN
FA/685/2022
WITH
IA/7528/2025
IN
FA/850/2022
RAKHAMAJI YESHU CHIKANE & ANR. ..APPLICANTS
VS.
THE LAND ACQUISITION OFFICER NO.17 PUNE
AND ORS. ..RESPONDENTS
WITH
IA/12480/2025
1
Diksha Rane 26.2 IA115 2026.doc
IN
FA/173/2021
MARUTI GANPAT SANE ..APPLICANT
VS.
THE LAND ACQUISITION OFFICER
NO.17 PUNE AND ORS. ..RESPONDENTS
WITH
IA/7525/2025
IN
FA/170/2021
NARAYAN RAGHU SANE (DECD.) THR
HIS LRS 1A) ANUSAYA NARAYAN SANE (DECD.) ..APPLICANT
VS.
THE LAND ACQUISITION OFFICER
NO.17 PUNE AND ANR. ..RESPONDENTS
WITH
IA/88/2026
IN
FA/192/2021
BABAN BHAIRU SANE & ORS. ..APPLICANTS
VS.
THE LAND ACQUISITION OFFICER
NO.17 PUNE AND ORS. ..RESPONDENTS
WITH
IA/7541/2025
IN
FA/177/2021
ANANTA DHONDIBA SANE ..APPLICANT
VS.
THE LAND ACQUISITION OFFICER NO.17 PUNE ..RESPONDENT
WITH
IA/7542/2025
IN
FA/200/2021
DINKAR KRISHNA GADEKAR ..APPLICANT
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS. ..RESPONDENTS
WITH
IA/7530/2025
IN
2
Diksha Rane 26.2 IA115 2026.doc
FA/331/2022
BABAN BHAIRU SANE ..APPLICANT
VS
THE LAND ACQUISITION OFFICER
NO.17 PUNE AND ORS. ..RESPONDENTS
WITH
IA/7526/2025
IN
FA/176/2021
DHONDIBA YASHWANT PARTHE AND ORS. ..APPLICANTS
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS. ..RESPONDENTS
WITH
IA/7533/2025
IN
FA/310/2022
DHONDIBA YESHWANT PARTHE ..APPLICANT
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS. ..RESPONDENTS
WITH
IA/7531/2025
IN
FA/424/2022
DINKAR KRISHNA GODEKAR ..APPLICANT
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS. ..RESPONDENT
WITH
IA/7540/2025
IN
FA/627/2022
SHIVAM SAKHARAM PARTE ..APPLICANT
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS ..RESPONDENTS
WITH
IA/7523/2025
IN
FA/403/2022
3
Diksha Rane 26.2 IA115 2026.doc
SHIVRAM SAKHARAM PARTHE ..APPLICANT
VS.
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS ..RESPONDENTS
WITH
IA/7535/2025
IN
FA/175/2021
RAGHU BHAGU SANE AND ORS. ..APPLICANTS
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS ..RESPONDENTS
WITH
IA/3629/2025
IN
FA/650/2022
SUDHIR SHANKAR @ DINKAR SANE AND ORS. ..APPLICANTS
VS.
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS ..RESPONDENTS
WITH
IA/2475/2026
IN
FA/651/2022
RAGHU SAKHARAM SANE ..APPLICANT
VS.
THE LAND ACQUISITION OFFICER NO.17 PUNE ..RESPONDENT
WITH
IA/7532/2025
IN
FA/408/2022
BABAN DHONDIBA SANE AND ORS. ..APPLICANTS
VS.
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS ..RESPONDENTS
WITH
IA/7527/2025
IN
FA/593/2021
DHONDIBA DAGDU SANE (DECEASED)
THR. HIS LRS. 1A) BABAN DHONDIBA
4
Diksha Rane 26.2 IA115 2026.doc
SANE AND ORS. ..APPLICANTS
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS ..RESPONDENTS
WITH
IA/2477/2026
IN
FA/681/2022
RAGHU SAKHARAM SANE ..APPLICANT
VS
THE LAND ACQUISITION OFFICER NO.17
PUNE AND ORS. ..RESPONDENTS.
------------
Adv. Amrita Kharkar a/w. Adv. Sayalee Bhosale i/b. Adv. P. H. Potnis
for the applicants
Adv. Shagufa Patel through VC for respondents.
Mr. A. R. Patil, Addl. G.P. for State.
------------
CORAM : RAJESH S. PATIL, J.
DATE : 10 APRIL 2026.
P.C. :
1. These are the applications for amendment of the First Appeals,
seeking enhanced compensation.
2. Heard learned Counsel for both the parties.
3. The Supreme Court in the decision of Ambya Kalya Mhatre
(Dead) through Lrs and others vs. State of Maharashtra , reported in
(2011) 9 SCC 325. Paragraph Nos.12, 22, 26 and 28 read as under:-
"12. During the pendency of the special leave petition, the
issue whether the Reference Court can permit a claimant to
amend his claim so as to increase the compensation claimed,
came up for consideration before a Full Court of the Bombay
High Court in State of Maharashtra v. Sitaram Narayan Patil. The
Diksha Rane 26.2 IA115 2026.doc
Full Court overruled the impugned judgment dated 11-11-2008
which is reported in State of Maharashtra v. Ambya Kalya Mhatre
and held that a claimant whose land is acquired, can be allowed
to amend his claim application so as to enhance the
compensation claimed in an application for reference under
Section 18 of the Act can be allowed before the Reference Court
as well as at the stage of an appeal in the High Court arising out
of the decision of the Reference Court.
22. As the Act does not require the person
aggrieved/landowner specify the amount of compensation
sought, when objecting to the amount of compensation and
seeking a reference, mentioning of the amount of compensation
sought is optional. As there is no obligation to specify the amount
in the application for reference, it can be specified in the claim
statement filed before the Reference Court. The period of
limitation in Section 18 of the Act has nothing to do with
specifying the amount of compensation claimed. It therefore
follows that if the reference is in regard to objection to the
amount of compensation, the Reference Court can permit any
application for amendment of the claim relating to compensation.
26. When the reference is received, the court causes notice
specifying the date of hearing for determining the objection of the
landowner/person aggrieved (Section 20 of the Act). The
Reference Court has to call upon the claimants to file their
statement of claim and call upon the Collector to file his
objections to the claim statement and then proceed with the
matter. Where the application under Section 18 contains the
necessary particulars, the Reference Court may treat the
application for reference under Section 18 and the Collector's
statement under Section 19 of the Act as the pleadings. The
landowner is entitled to specify the amounts claimed by him as
compensation and the heads of compensation for the first time in
such claim statement before the Reference Court. He can also file
an application amending the claim. What is not permitted after
the expiry of the period of limitation specified in Section 18 of the
Act, is changing the nature of objections from one category to
another. If the reference had been sought with reference to
objection to amount of compensation, the landowner cannot after
the period of limitation, seek amendment to change the claim as
objection to measurement or objection to apportionment.
28. The compensation depends upon the market value established
by evidence and does not depend upon what the landowner
thinks is the value of his land. If he has an exaggerated notion of
the value of the land, he is not going to get such amount, but is
going to get the actual market value. Similarly, if the landowner is
under an erroneous low opinion about the market value of his
land and out of ignorance claims lesser amount, that cannot be
Diksha Rane 26.2 IA115 2026.doc
held against him to award an amount which is lesser than the
market value. When the Act does not require the landowner to
specify the amount of compensation, but he voluntarily mentions
some amounts, and subsequently, if the market value is found to
be more than what was claimed, the landowner should get the
actual market value. We fail to see why the landowner should get
an amount less than the market value, as compensation.
Consequently, it follows that if the landowner seeks amendment
of his claim, he should be permitted to amend the claim as and
when he comes to know about the true market value. When the
Act is silent in regard to these matters to impose any condition to
the detriment of an innocent and ignorant landowner who has
lost his land would be wholly unjust."
(Emphasis supplied)
4. After hearing both the parties, I am convinced that a case is
made out to allow the Interim Applications.
5. The Interim Applications are allowed in terms of prayer clauses
(A) & (B) and disposed of. Amendments to be carried out within a
period of two weeks from today.
(Rajesh S. Patil, J.)
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 10/04/2026 19:52:40
