Bombay High Court
REKHABAI BALKRUSHNA PATILversusTHE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT (HATNOOR)(1), JALGAON AND ANOTHER
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the claimants are entitled to compensation at the rate of Rs 100 per square metre, as granted in LAR No.150/2013, and modified the award accordingly.
Summary
The appellants challenged the compensation awarded for land acquired in 2005 for the Upper Tapi Project, arguing that a later award in the same village (LAR No.150/2013) granted a higher rate of Rs 100 per square metre. The original award was Rs 1,87,000 per hectare, later enhanced to Rs 2,70,000 per hectare by the reference court under Section 18 of the Land Acquisition Act. Relying on the precedent, the High Court held that the compensation should be aligned with the Rs 100 per sq m rate awarded in the earlier case. The Court partially allowed the appeals, modified the award accordingly, and ordered interest and statutory benefits as per State of Maharashtra v. Kailas Shiva Rangari. All pending civil applications were disposed of.
Issues considered
- Whether the compensation awarded under the Land Acquisition Act can be enhanced by reference to a later award in the same village and gat number.
- Whether the rate of Rs 100 per square metre awarded in LAR No.150/2013 is applicable to the present claimants.
- Entitlement of the claimants to interest and other statutory benefits under the Full Bench precedent.
Legislation cited
- Land Acquisition Act, 1894 — s. 18, 4, 6
Subjects
- Land acquisition
- Compensation enhancement
- Section 18 reference
- Interest on compensation
- Statutory benefits
- Precedent application
- Same gat number
Judgment
2026:BHC-AUG:37362
FA 1634/14 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 FIRST APPEAL NO. 1634 OF 2014
WITH
CIVIL APPLICATION NO. 13828 OF 2019 IN FA/1634/2014
SATISH PANDIT PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT
(HATNOOR)(1), JALGAON AND ANOTHER
...
WITH
FIRST APPEAL NO. 1372 OF 2016
WITH
CIVIL APPLICATION NO. 13829 OF 2019 IN FA/1372/2016
REKHABAI BALKRUSHNA PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT
(HATNOOR)(1), JALGAON AND ANOTHER
...
Advocate for Appellant : Mr. D.M. Kakade h/f. Mr. H.P. Kshirsagar
AGP for Respondent/State : Mr. S.S. Dande
Advocate for respondent No. 2 : Mr. S.S.Chillarge
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 17, 2026
PER COURT :-
1. As the acquisition proceedings were initiated in the year 2005, heard
finally with the consent of learned counsel for respective parties.
2. By these appeals, the appellants/original claimants assails the
judgment and award dated 18.9.2012 passed by the learned Civil Judge,
Senior Division, Amalner, Dist. Jalgaon in LAR No. 11/2009 and 10/2009 for
further enhancement.
3. The lands of the claimants admeasuring 61 R. from Gat No. 76/2P in
LAR No. 10/2009 and 42 R. from Gat No. 76/1P in LAR No. 11/2009
situated at villge Dhupe/Vichkheda, Taluka Chopada, District Jalgaon were
FA 1634/14 & Ors.
2
acquired for Rehabilitation of village Dhupe Gavthan. Notification under
section 4 of the Land Acquisition Act was published on 24.3.2005.
Declaration under section 6 was published on 5.1.2006. The Special Land
Acquisition Officer (SLAO) has declared the award on 28.11.2007 and
awarded compensation at the rate of Rs.1,87,000/- per H. Being dissatisfied
with the same, the original claimants preferred the above references under
section 18 of the Act. After going through the material available, the learned
reference court enhanced the compensation at the rate of Rs.2,70,000/- per
H. Being aggrieved, the original claimants filed the present appeals.
4. Mr. D.M. Kakade h/f. Mr. Kshirsagar, learned counsel appearing for the
appellants/original claimants relied upon the judgment and order passed by
the Civil Judge, Senior Division, Amalner in LAR No. 150/2013 dated
26.2.2015 and contended that claimants from LAR No. 150/2013 are from
the same village and from the same Gat number land was acquired and the
reference court has granted compensation at the rate of Rs.100/- per Sq.
Mtrs. and pursuant to the order passed in LAR No. 150/2013 the acquiring
body has paid entire amount and taken a decision not to challenge the
same. Though the appellant has not placed on record any decision to that
effect, when this was asked to learned counsel Mr. S.S. Chillarge appearing
for acquiring body, he submits on instruction from the Corporation that
Corporation has already accepted the order passed in LAR No. 150/2013.
5. The learned counsel for the appellant submits that even pursuant to
the order passed in LAR No. 150/2013 the claimants have already
withdrawn the entire amount. The above statement is accepted as the same
was not controverted by the learned counsel for acquiring body. Therefore,
considering the above, in the present appeals also, as the lands were
FA 1634/14 & Ors.
3
acquired from the same Gat number, I am inclined to allow the present
appeals partly and enhance the compensation at the rate of Rs.100/- per
Sq. Mtrs. as was granted in Lar No. 150/2013. Hence, I pass the following
order.
ORDER
(I) The appeals are partly allowed.
(II) The claimants are entitled to receive compensation at the rate of
Rs.100/- per Sq. Mtrs. for their acquired lands.
(III) The appellants/claimants are entitled to interest and other statutory
benefits strictly in accordance with the law laid down by the Full Bench of
this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari,
2016 (4) Mh.L.J. 457.
(IV) The impugned judgment and award of the reference court is modified
accordingly.
(V) Pending civil applications, if any, are also disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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