JAGANATH YELJI PATIL THR GPA HOLDER NARENDRA JAGANATH PATILversusTHE SPECIAL LAND ACQUISITION OFFICER (M.P. D) DHULE AND ANR

2026:BHC-AUG:43178



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                                                                     46 FA 121 OF 2023

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     46 FIRST APPEAL NO. 121 OF 2023

                       JAGANATH YELJI PATIL THR GPA HOLDER NARENDRA
                                           JAGANATH PATIL
                                                VERSUS
                     THE SPECIAL LAND ACQUISITION OFFICER (M.P. D) DHULE
                                                AND ANR
                                                   ...
                     Mr. G. M. More Kumar, Advocate for Appellant
                     Mr. R. K. Ingole, AGP for Respondent No.1 – State
                     Mr. A. D. Pawar, Advocate for Respondent No.2
                                                   …

                                            CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 21st September 2026

                     P.C. :-

                     .         Feeling aggrieved by the judgment and award dated

                     03.03.2010 passed by the learned 2nd Joint Civil Judge, Senior

                     Division, Dhule in Land Acquisition Reference Case No.88 of

                     2004, the appellant is before this Court seeking enhancement

                     in the compensation.

                     2.        Considering the very short controversy in the matter

                     and in the light of the earlier order passed by this Court on

                     02.12.2013 in First Appeal No.1376 of 2013 with connected

                     First Appeals, I deem it appropriate to dispose of the present

                     First Appeal at the admission stage.
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                                                46 FA 121 OF 2023

3.    It is not in dispute that the appellant's land was

acquired in the land acquisition proceedings initiated by the

respondent authorities with a notice under Section 4 of the

Land Acquisition Act published in the Government Gazette

dated 15.07.1999. Although the Special Land Acquisition

Officer divided the appellant's land into three categories, the

Reference Court, however, treated the entire land holding as

semi-irrigated land and granted compensation. Feeling

dissatisfied with the inadequate compensation, the claimant

has lodged this First Appeal.

4.    During the course of argument, Mr. G. M. More, learned

Advocate for the appellant apprised me with an order dated

02.12.2013 referred supra. He would submit that the said

matter arises out of the same land acquisition proceedings

which is the subject matter of the present appeal.

5.    Mr. More further submits that this Court, after

considering the matter in its entirety, fixed the rate of

Rs.2,00,000/- per hectare for dry land, Rs.3,00,000/- per

hectare for seasonally irrigated land and Rs.4,00,000/- per

hectare for irrigated land. He would submit that in the light of

the findings recorded by the Reference Court, the appellant's
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                                                46 FA 121 OF 2023

land is semi-irrigated land and, therefore, the compensation

may be fixed at the rate of Rs.3,00,000/- per hectare. He also

cites another order passed by this Court on 28.07.2026 in First

Appeal No.1371 of 2020 on the same line, in the light of the

first order cited supra.

6.    Mr. A. D. Pawar, learned Advocate for the acquiring

body in all fairness would agree with the submissions on facts.

Mr. Pawar submits that in fact, the Special Land Acquisition

Officer has divided the appellant's land into three categories.

However, the Reference Court has considered the land as

semi-irrigated land. Thus, he would submit that the said factor

be considered while disposing of this First Appeal.

7.    True that the Special Land Acquisition Officer has

divided the appellant's land into three categories. The

Reference Court has treated the entire land as semi-irrigated

land. The acquiring body has not challenged that finding by

filing any First Appeal.

8.    In view of this although, to some extent, Mr. Pawar's

contention seems to be arguable however, the same cannot be

considered for the reasons recorded above.
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                                                          46 FA 121 OF 2023

9.   In view of the above, I pass following order :

                           ORDER

     I.     The First Appeal is partly allowed.
     II.    The      appellant       is        entitled       for
     compensation at the rate of Rs.3,00,000/- per
     hectare for the acquired land.
     III.   The acquiring body shall deposit the
     enhanced      compensation      before       this     Court
     within a period of six (6) months from today,
     together with accrued interest thereon.
     IV.    The appellant 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 appellant shall not be entitled to
     interest and statutory benefit for delayed
     period.
     VI.    The    appellant     shall    be     entitled      to
     withdraw the amount deposited with interest,
     without making any separate application for
     withdrawal.
     VII.   While depositing the enhancement, any
     amount already deposited shall be adjusted.
     VIII. The appellant shall pay the requisite
     additional    court   fees      on    the      enhanced
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                                                 46 FA 121 OF 2023

      compensation, if applicable.
      IX.    Save    and    except    above,   impugned
      Judgment and Award passed by Reference Court
      shall stand unaltered.
      X.     The Record and Proceedings be sent back
      to Reference Court.
      XI.    Award be drawn up accordingly.
      XII.   Pending Civil Applications, if any, stand
      disposed of.



                                    ( AJIT B. KADETHANKAR, J. )
PRW