Bombay High Court

SUPDU TULSHIRAM PATILversusTHE STATE OF MAHARASHTRA

Decided: 6 August 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is remanded to the Reference Court to adjudicate interest under Section 28 on the compensation awarded under Sections 23(1A) and 23(2) of the Land Acquisition Act, 1894.

Summary

Supdu Tulshiram Patil appealed against the State of Maharashtra challenging the Reference Court's failure to award interest under Section 28 on the compensation awarded under Sections 23(1A) and 23(2) of the Land Acquisition Act, 1894. The High Court noted that a similar issue had arisen in Ambadas Gangadhar Kadam v. State of Maharashtra, where the matter was remanded for determination of interest. Applying the same reasoning, the Court remanded the present appeal back to the Reference Court with a specific direction to adjudicate the interest. The parties were ordered to appear before the Reference Court on 27 August 2026 to expedite the decision. After the Reference Court's order, the State must pay the final amount to the claimants within twelve weeks, and any withdrawn amount shall be considered. The appeal was thereafter disposed.

Issues considered

The Reference Court did not give any direction on interest under Section 28 on the awarded amount under Sections 23(1A) and 23(2) of the Land Acquisition Act, 1894.

Legislation cited

Land Acquisition Act, 1894 — s. 23(1A), 23(2), 28

Subjects

Land acquisition
Compensation
Interest under Section 28
Remand
Appellate jurisdiction
Section 23(1A)
Section 23(2)

Judgment

2026:BHC-AS:32380


            HMK                                                             18. FA-1092-2001.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL NO. 1092 OF 2001

            Supdu Tulshiram Patil                                      ….Appellant

                       Versus

            The State Of Maharashtra,
            Through The Special Land Acquisition Officer     .…Respondent
            __________________________________________________________________

            Mr. Anil Ahuja a/w. Mrs. Bhavana Khemani for the Appellant.
            Mr. A. R. Patil, Additional G. P. for the Respondent-State.
            __________________________________________________________________

                                                 CORAM : JITENDRA JAIN, J.
                                                 DATED : 06th AUGUST 2026

            P. C. :

            1.        This appeal was admitted on 05 th November, 2001. The only issue
            which arises in this appeal is that the Reference Court has not given any
            direction with respect to the interest under Section 28 on the awarded
            amount under Sections 23(1A) and 23(2) of the Land Acquisition Act,
            1894.

            2.        This issue had come up before me in the case of Ambadas Gangadhar
            Kadam vs. The State of Maharashtra 1, wherein, the matter was remanded
            back to the Reference Court for adjudicating interest under Section 28 on
            the awarded amount under Sections 23(1A) and 23(2) of the Land
            Acquisition Act, 1894.

            3.        Adopting the same reasoning, the present appeal is also remanded
            back to the Reference Court with the same directions.

            1     First Appeal No. 417 of 2003

                                                  1 of 2
                       HMK                                                            18. FA-1092-2001.doc


                      4.       The parties to appear before the Reference Court on 27 th August,
                      2026 at 11.00 am alongwith the present order, so that the Reference Court
                      can adjudicate the issue and pass appropriate orders as expeditiously as
                      possible.

                      5.       After the order of the Reference Court on remand, the State to pay to
                      the claimants the final amount within twelve weeks thereof.

                      6.       If any amount is withdrawn by the claimants, then same should be
                      considered.

                      7.       Appeal is disposed of in above terms.



                                                                          [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
                                                           2 of 2
Designation: PA To Honourable Judge
Date: 06/08/2026 16:39:18

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