Bombay High Court
RAJENDRA VENKAT KOKARE DIED THROUGH HIS LEGAL REPR. SMT. MINAKSHI AND ORS.versusTHE STATE OF MAH AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the lands are semi‑irrigated and the claimants are entitled to compensation at Rs.1,35,000 per acre with all statutory benefits under the Land Acquisition Act.
Summary
The appellants challenged earlier compensation awards for lands acquired in 1998 for the Hangarga Minor Irrigation Tank project, arguing that the lands should be classified as seasonally irrigated and thus attract a higher compensation rate. The Court considered a prior coordinate bench decision (First Appeal No.1117/2007) which had enhanced compensation for similar lands at Rs.1,35,000 per acre for seasonally irrigated lands and Rs.90,000 per acre for dry lands. Relying on that precedent and the evidence on record, the Court held that the lands in the present case are semi‑irrigated. Consequently, the appellants were entitled to the enhanced compensation of Rs.1,35,000 per acre along with all statutory benefits under the Land Acquisition Act. The appeals were partly allowed, the earlier judgments were modified, and the related civil application was disposed of.
Issues considered
- Whether the lands acquired for the Hangarga Minor Irrigation Tank project are to be classified as seasonally (semi) irrigated lands for compensation purposes under the Land Acquisition Act.
- Whether the appellants are entitled to the enhanced compensation rate of Rs.1,35,000 per acre and the consequential statutory benefits.
Legislation cited
Subjects
- land acquisition
- compensation enhancement
- seasonally irrigated land
- statutory benefits
- High Court
- appeal
Judgment
2026:BHC-AUG:37366
FA 691/16 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 FIRST APPEAL NO. 691 OF 2016
WITH
FIRST APPEAL NO. 693 OF 2016
WITH
CIVIL APPLICATION NO. 4135 OF 2026
IN FA/693/2016
LAXMAN DATTU RUPANAR
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Appellant : Mr. R.P. Adgaonkar
AGP for respondent/State : Mr. A.D. Wange
Spl. counsel for Respondent 2 : Mr. S.G. Sangle
...
52 FIRST APPEAL NO. 12 OF 2011
WITH
FIRST APPEAL NO. 20 OF 2011
RAJENDRA VENKAT KOKARE DIED THROUGH HIS LEGAL REPR. SMT.
MINAKSHI AND ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellant : Mr. R.P. Adgaonkar
AGP for respondents 1 & 3 : Mr. A.D. Wange
Spl. counsel for Respondent 2 : Mr. S.G. Sangle
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 17, 2026
PER COURT :-
1. As the acquisition proceedings were initiated in the year 1998, heard
finally with the consent of learned counsel for respective parties.
2. By the present appeals, the appellants/original claimants assail the
judgments and awards dated 5.4.2007 and 20.3.2007 passed by the
learned Civil Judge, Senior Division, Nilanga in LAR Nos. 567, 574 of 2002
and LAR Nos. 66, 67 of 2002, respectively, for further enhancement.
FA 691/16 & Ors.
2
3. Both the counsel appearing for the respective parties tendered across
the bar the copy of the judgment and order dated 10.2.2026 passed by the
coordinate bench of this Court in First Appeal No.1117/2007 (Sudhakar
Ramchandra Dadage Vs. The State of Maharashtra) along with bunch of
other first appeals, whereby this court enhanced the compensation at the
rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and
Rs.90,000/- per Acre for dry lands. Both the counsel submits that the lands
of the claimants in above first appeals were acquired for the project
Hangarga Minor Irrigation Tank at Hangarga and other villages. Both the
counsel further submits that the lands of the present claimants were also
acquired for Hangarga Minor Irrigation Tank at Hangarga and other villages.
Therefore, in view of the submissions advanced by both the counsel, the
present appeals are also covered by the order passed by the coordinate
bench of this court in First Appeal No.1117/2007 (supra), wherein the
reference court has treated the acquired lands as seasonally irrigated lands
and dry lands and coordinate bench of this court enhanced the
compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated
lands and Rs.90,000/- per Acre for dry lands. Considering the evidence on
record in the present appeals and in view of the order passed by the
coordinate bench of this Court, I hold that the lands involved in the present
appeals are semi irrigated lands and the claimants are entitled to receive
the compensation at the rate of Rs.1,35,000/- per Acre. Hence, I pass the
following order.
ORDER
(I) The appeals are partly allowed.
(II) The appellants/claimants are entitled to receive compensation at the
FA 691/16 & Ors.
3
rate of Rs.1,35,000/- per Acre for their acquired lands.
(III) The appellants/claimant shall be entitled to all consequential
statutory benefits on the enhanced compensation as per the provisions of
the Land Acquisition Act.
(IV) The impugned judgments and awards of the reference court are
modified accordingly.
(V) Civil Application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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