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Bombay High Court

ASHRUBA CHANGDEO BHOREversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The appeal is partially allowed and the compensation is enhanced to Rs.1,06,680 per acre.

Summary

The appellant, Ashruba Changdeo Bhore, challenged the compensation awarded for lands acquired in 1998 for a percolation tank, arguing that the reference court erred by treating the land as dry and not applying the appropriate escalation. The SLAO had initially awarded Rs.34,000‑37,000 per hectare, which the claimants deemed inadequate and sought a reference under Section 18 of the Land Acquisition Act. The reference court, relying on a sale instance from the same village, granted Rs.66,400 per acre but still treated the land as dry. The High Court held that, because the sale instance predates the Section 4 notification, the land should be treated as seasonally irrigated and a 20% escalation applied, resulting in a compensation rate of Rs.1,06,680 per acre. The appeal was partially allowed, the award was modified accordingly, and the claimant was directed to claim any pending rental compensation from the Collector.

Issues considered

  • Whether the reference court erred in classifying the acquired land as dry instead of seasonally irrigated.
  • Whether the compensation should be calculated with escalation under the Land Acquisition Act given the sale instance predates the Section 4 notification.
  • Whether the claimant is entitled to the enhanced compensation rate of Rs.1,06,680 per acre.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • escalation
  • reference under Section 18
  • dry land vs seasonally irrigated
  • sale instance
  • condonation of delay

Judgment

2026:BHC-AUG:46545

                                                                              CA 6199/17
                                                   1

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               7 CIVIL APPLICATION NO. 6199 OF 2017
                                         IN FAST/10361/2017

                                     ASHRUBA CHANGDEO BHORE
                                                 VERSUS
                                THE STATE OF MAHARASHTRA AND ORS
                                                    ...
                     Advocate for Applicant : Mr. R.D. Gaikwad h/f. Mr. S.G. Kawade
                              AGP for Respondent/State : Mr. S.S. Dande
                              Advocate for Respondent 2 : Mr. T.B. Bhosle
                                                    ...

                                  CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                  Dated        : September 30, 2026

            PER COURT :-

            1.    In civil application filed for condonation of delay, heard the learned

            counsel for the applicant/original claimant, the AGP for the State and the

            learned counsel for acquiring body. For the averments made in the

            application, the application is allowed. Delay is condoned.

            2.    As the acquisition proceeding is initiated in the year 1998, heard

            finally at admission stage with the consent of learned counsel for respective

            parties.

            3.    By this appeal, the appellant/original claimant assails the judgment

            and award dated 17.1.2014 passed by the learned 3 rd Jt. Civil Judge, Senior

            Division, Osmanabad in LAR No. 52/2011, whereby the learned reference

            court has enhanced the compensation amount determined by the SLAO, but

            not granted as claimed by the claimant.

            4.    The lands of the claimant admeasuring 72 R., 30 R. and 36 R. from

            Gat No. 119, 120/3 and 122/1, respectively situated at village Jamb, Taluka

            Bhoom, District Osmanbad was acquired for construction of percolation tank
                                                                    CA 6199/17
                                       2

at village Jamb. Notification under section 4 of the Land Acquisition Act

came to be published on 5.2.1998 and the SLAO has declared the award on

28.3.2005 and granted compensation at the rate of Rs.34000/- per H. and

Rs.37,000/- per H., respectively, for above acquired lands. After receipt of

amount under protest, the claimants sought reference under section 18 of

the   Act   as   the   SLAO   has   awarded   very   meager   and   inadequate

compensation. Before the reference court, the claimants relied upon sale

instance, Exh. 15 which is from the same village. The learned reference

court granted compensation at the rate of Rs. 66400/- per H. for acquired

lands. Being aggrieved by the same, present appeal is filed by the original

claimant.

5.     Mr. R.D. Gaikwad h/f. Mr. S.G. Kawade, learned advocate for appellant

vehemently submits that the learned reference court committed error,

thereby not granting compensation as per the sale instance, Exh. 15. He

submits that claimants relied upon the sale instance, Exh. 15 dated

28.11.1996, which is from the same village and by the said sale instance 81

R. land along with half share in well was sold for Rs.1,80,000/- and the said

sale instance is prior to section 4 notification. However, the learned

reference court without considering the same, has granted very meager

compensation and therefore, prays to enhance the compensation for

acquired lands.

6.     Per contra, Mr. S.S. Dande, learned AGP for the State and Mr. T.B.

Bhosle, learned counsel for acquiring body submit that the learned SLAO

has rightly determined the compensation and prays to dismiss the appeal.

7.     Having heard the learned counsel for the respective parties, with their

able assistance I have gone through the record and proceedings and the
                                                                   CA 6199/17
                                         3

impugned judgment and order. Before the reference court the claimants

relied upon sale instance, Exh. 15 which is from the same village and as per

the sale instance 81 R. land with half share in the well was sold for

Rs.1,80,000/- and therefore, the learned reference court has treated the

acquired land as seasonally irrigated land and has granted compensation at

the rate of Rs.66,400/- per Acre. Admittedly, the acquired land is treated as

dry land by the learned reference court. Once the reference court has relied

upon the sale instance, Exh. 15, the learned reference court ought to have

granted compensation for acquired land by treating the land as seasonally

irrigated land at the rate of Rs.88,900/- per Acre. As the sale instance dated

28.11.1996 is prior to the notification under section 4 i.e. 5.2.1998, the

claimant is also entitled to receive 10% escalation per year and therefore,

by adding 20% escalation amount, the rate of acquired land comes to

Rs.1,06,680/- per Acre and hence, the claimants are entitled to receive rate

of Rs.1,06,680/- per Acre for their acquired lands. Hence, I pass the

following order.

                                   ORDER

(I)     The appeal is partly allowed.

(II)    The appellant/claimant is entitled to receive compensation at the rate

of Rs.1,06,680/- per Acre for acquired lands.

(III)   The claimant shall be 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)    Claimant to pay the deficit court fee, if any, on enhanced amount.

(IV)    Award is modified accordingly.
                                                                CA 6199/17
                                        4

(V)    It is made clear that if the claimants have not received the rental

compensation, the claimants are at liberty to file appropriate application

before the Collector, Osmanabad (Dharashiv) and the Collector is directed to

decide the said application and pay compensation accordingly as per the

Government policy available for paying rental compensation within a period

of 10 weeks from the date of receipt of the order by giving opportunity of

hearing to the State and acquiring body.

(VI)   Civil Applications, if any, stand disposed of.




                                            ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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