Bombay High Court
NAGNATH GUNDAPPA TODKARIversusGODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, THR ITS THE EXE ENGINEER AND ANR
- Disposal
- DISMISSED
Holding
For dry land acquired under the same acquisition, the claimant is entitled to compensation at Rs.1,500 per R, with interest under Sections 28 and 34 of the Land Acquisition Act as per Kailash Shiva Rangari, but not for the period of delay.
Summary
The acquiring body, Godavari Marathwada Irrigation Development Corporation, filed First Appeal No.1411 of 2018 challenging the judgment and award dated 30.04.2012 passed by the 3rd Joint Civil Judge, Senior Division, Osmanabad in Land Acquisition Reference No.389 of 2002. The claimant, Nagnath Gundappa Todkari, filed a cross-objection seeking enhancement of compensation, which was delayed by 1814 days. The Court condoned the delay, noting that the main controversy concerned just and appropriate compensation and that the right to enhancement is a statutory right of the claimant. Both parties relied on prior orders of the Court fixing the rate for dry land at Rs.1,500 per R. The subject land was undisputedly dry land, and there was no further controversy on the rate of enhancement. The First Appeal was dismissed, and the cross-objection was partly allowed. The claimant was held entitled to compensation at Rs.1,500 per R for dry land, with interest under Sections 28 and 34 of the Land Acquisition Act as per State of Maharashtra v. Kailash Shiva Rangari, but not for the delayed period.
Issues considered
- Whether the delay of 1814 days in filing the cross-objection deserves to be condoned?
- Whether the claimant is entitled to enhanced compensation for dry land at the rate of Rs.1,500 per R?
- Whether the claimant is entitled to interest under Sections 28 and 34 of the Land Acquisition Act, and if so, for what period?
Legislation cited
- Land Acquisition Act — s. 28, 34
Subjects
- Land Acquisition
- Compensation
- Dry Land
- Enhancement
- Cross-Objection
- Condonation of Delay
- Interest
- Section 28
- Section 34
- Kailash Shiva Rangari
Judgment
2026:BHC-AUG:42318
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8 FA 1411 OF 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 FIRST APPEAL NO. 1411 OF 2018
WITH
CIVIL APPLICATION NO. 2504 OF 2017
IN FA/1411/2018
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION, THR ITS THE EXE ENGINEER AND ANR
VERSUS
NAGNATH GUNDAPPA TODKARI
...
Mr. P. S. Shinde, Advocate for Appellant (Through V.C.)
Mr. V. V. Ingale, Advocate for Respondent
WITH
CIVIL APPLICATION NO. 5336 OF 2024
IN X-OBJST/8486/2023
NAGNATH GUNDAPPA TODKARI
VERSUS
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION, THR ITS THE EXE ENGINEER AND ANR
…
Mr. V. V. Ingale, Advocate for Applicant
Mr. R. K. Ingole, AGP for Respondent-state
Mr. P. S. Shinde, Advocate for Respondent No.1
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 15th September 2026
P.C. :-
CIVIL APPLICATION NO. 5336 OF 2024
. This Civil Application is filed seeking condonation of
delay caused in filing the cross-objection in the first appeal.
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8 FA 1411 OF 2018
2. Feeling aggrieved by the impugned judgment and
award dated 30.04.2012 passed by the learned 3 rd Joint Civil
Judge, Senior Division, Osmanabad in Land Acquisition
Reference No.389 of 2002, the acquiring body lodged First
Appeal No.1411 of 2018.
3. The claimant, who is also dissatisfied with the deficit
compensation amount, has instituted the cross-objection. The
cross-objection is filed by delay of 1814 days. The reasons for
delay are mentioned at paragraph Nos.2 to 4 of the
application. Considering that the main controversy is about
just and appropriate compensation to the land losers, and as
the controversy is already before this Court vide the first
appeal, I deem it appropriate to allow this application to
decide the just and appropriate compensation. It also needs to
be noted that right for enhancement is a statutory right of the
claimants and on technicalities, they must not be deprived of
such right. It is also brought to my notice that in the
connected matters arising out the same land acquisition
proceedings, this Court has fixed the rate of land
corresponding to its quality for the purpose of granting
enhancement.
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8 FA 1411 OF 2018
4. Mr. Prashant Shinde, learned Advocate for the acquiring
body appearing through video conferencing fairly accedes to
this position.
5. In view of this, Civil Application stands allowed. Delay
stands condoned.
FIRST APPEAL NO.1411 OF 2018 AND
CROSS OBJECTION STAMP NO.8486 OF 2023
6. Both the learned Advocates for the respective parties
cite before me an order passed by this Court on 27.07.2026 in
a bunch of First Appeals led by First Appeal No.770 of 2013
and another order dated 07.09.2026 in First Appeal No.3783
of 2023. They submit that the present case is covered by the
said orders.
7. It is submitted that the subject matter land in the appeal
and cross-objection is undisputedly dry land. It is further
submitted that in view of the cited orders, for dry land, the
claimant is entitled to compensation at the rate of Rs.1,500/-
per R. In view of this, since there is no further controversy on
the point of the rate of enhancement, I deem it appropriate to
partly allow the cross-objection. Hence, I pass the following
order :
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8 FA 1411 OF 2018
ORDER
I. The First Appeal stands dismissed.
II. The Cross-objection is partly allowed.
III. The Claimant – Cross objector is entitled
to compensation at the rate of Rs.1,500/- per R
for his dry land.
IV. The Claimant shall be entitled to interest
under Sections 28 and 34 of the L.A. Act in terms
of law laid down by Full Bench of this Court in
the case of State of Maharashtra Vs. Kailash
Shiva Rangari reported in 2016 AIR (Bom.) 141.
V. The Claimant shall not be entitled to
interest and statutory benefit for delayed period.
VI. Save and except above, impugned
Judgment and Award passed by Reference Court
shall stand unaltered.
VII. The Acquiring Body shall deposit the
enhanced compensation with accrued interest
and in above terms in this Court within Six (6)
Months. Upon deposit, the Claimant shall be
entitled to withdraw the same with accrued
interest, subject to payment of deficit Court fees.
VIII. Needless to mention that after calculating
the interest as per the Kailash Shiva Rangari’s
(supra) case the excess amount, if any, shall be
returned to the Acquiring Body along with
interest.
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8 FA 1411 OF 2018
IX. The Record and Proceedings be sent back
to Reference Court.
X. Award be drawn up accordingly.
XI. Pending Civil Applications, if any, stand
disposed of.
( AJIT B. KADETHANKAR, J. )
PRW
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