Bombay High Court
BHAGWAN UTTAMRAO AKAT AND ANR.versusTHE STATE OF MAHARASHTRA, THROUGH DIST COLLECTOR, JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that compensation must be paid at Rs.5,111 per R for dry land, Rs.7,666 per R for semi‑irrigated land and Rs.10,222 per R for fully irrigated land as per the categorisation in the earlier order.
Summary
The petitioners filed several civil applications seeking modification of the order dated 06.07.2026, which had fixed compensation for acquired dry land at Rs.5,111 per R. They argued that earlier judgments of the same court (First Appeal No.1924 of 2022 and First Appeal No.2861 of 2022) had categorised land and fixed higher rates for semi‑irrigated (Rs.7,666 per R) and fully irrigated land (Rs.10,222 per R). The petitioners contended that the lands in the present case were semi‑irrigated or fully irrigated and thus the compensation should reflect those rates. The respondents, including the acquiring authority, conceded the correctness of the earlier categorisation. The Court examined the submissions and found the earlier orders binding on the present matter, and accordingly modified the operative clause of the 06.07.2026 order. The Court ordered that the compensation rates be Rs.5,111 for dry land, Rs.7,666 for semi‑irrigated land and Rs.10,222 for fully irrigated land.
Issues considered
- Whether the order dated 06.07.2026 should be modified to incorporate the compensation rates for semi‑irrigated and fully irrigated land as fixed in earlier judgments.
- Whether the earlier coordinate bench orders are binding on the present civil applications.
Subjects
- land acquisition
- compensation
- dry land
- semi‑irrigated land
- fully irrigated land
- modification of order
- civil application
- high court
Judgment
2026:BHC-AUG:38324
902-APPLN-9438-2026.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 CIVIL APPLICATION NO. 9438 OF 2026 IN FA/3947/2017
Vitthal Maliba Akat And Another
VERSUS
The State Of Maharashtra, Through District Collector, Jalna And Others.
AND
CIVIL APPLICATION NO. 9434 OF 2026 IN FA/3945/2017
Anant Baliram Akat.
VERSUS
The State Of Maharashtra, Through Dist Collector, Jalna And Ors.
AND
CIVIL APPLICATION NO. 9436 OF 2026 IN FA/3948/2017
Rajkumar Mahadeo Akat
VERSUS
The State Of Maharashtra Through Collector Jalna And Others
WITH
CIVIL APPLICATION NO. 9435 OF 2026 IN FA/3944/2017
Bhagwan Uttamrao Akat And Anr.
VERSUS
The State Of Maharashtra, Through Dist Collector, Jalna And Others
AND
CIVIL APPLICATION NO. 9439 OF 2026 IN FA/3946/2017
Sukhdeo (Died) Through His L.R.s. Babasaheb Sukhdeo Akat And Another
VERSUS
The State Of Maharashtra Through Collector Jalna
……
Mr. D.A. Mane, Advocate h/f Mr. Pawade Nilkanth R, Advocate for
Applicants
Mr. A.M. Phule, AGP fr Respondents No.1 and 2
Ms.Chaitali Choudhari Kutti, Advocate for Respondent No.3
……
902-APPLN-9438-2026.odt
2
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 21 AUGUST, 2026
PER COURT :
1. These Applications are filed seeking modification of the order dated
06.07.2026 passed by this Court in First Appeal No.3947 of 2017 and
connected matters.
2. Learned counsel for the applicants submits that, at the time of
hearing of the appeals, learned counsel appearing for the applicants had
placed reliance upon a copy of the order dated 08.12.2025 passed by the
Coordinate Bench of this Court in First Appeal No.1924 of 2022 and
connected matters. By the said order, the appeals were partly allowed and
the market value of the acquired dry lands was determined at the rate of
Rs.5,111/- per R. It is submitted that, in the said appeals, the lands under
acquisition were dry lands.
3. Learned counsel further submits that the aforesaid order dated
08.12.2025 was passed by relying upon the earlier order dated 28.01.2026
rendered by the Coordinate Bench of this Court in First Appeal No.2861 of
2022 and connected matters, wherein the compensation was assessed at the
rate of Rs.5,111/- per R for dry land, Rs.7,666/- per R for semi-irrigated
land and Rs.10,222/- per R for fully irrigated land.
4. It is, therefore, submitted that, as the controversy involved in the
present appeals is squarely covered by the order dated 28.01.2026 passed in
902-APPLN-9438-2026.odt
3
First Appeal No.2861 of 2022 and connected matters, and as the lands
acquired in the present appeals are semi-irrigated and/or fully irrigated, the
corresponding rates of compensation determined in the said order also
ought to have been specifically referred to in the order dated 06.07.2026.
Learned counsel, therefore, prays for modification of the order dated
06.07.2026 to that extent.
5. Learned counsel Ms. Chaitali Choudahri Kutti appearing for the
acquiring body, as well as the learned A.G.P., fairly concede the aforesaid
position.
6. Having considered the submissions advanced by the learned counsel
for the respective parties and the averments made in the Applications, the
Civil Applications deserve to be allowed. Hence, the following order:
ORDER
(i) The Civil Applications are allowed.
(ii) Clause II of the operative part of the order dated 06.07.2026 passed by
this Court in First Appeal No.3947 of 2017 and connected matters shall
stand modified and shall read as under:
“II. The appellants-claimants are entitled to compensation
at the rate of Rs.5,111/- per R for dry land, Rs.7,666/- per R
for semi-irrigated land and Rs.10,222/- per R for fully
irrigated land, as per the categorization of the nature of the
lands made by the learned Reference Court.”
902-APPLN-9438-2026.odt
4
(iii) Rest of the order dated 06.07.2026 shall remain unaltered.
(iv) Necessary correction be carried out accordingly and the corrected
copy of the order be uploaded.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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