Bombay High Court
ARUN DIGAMBER GABALE AND ANRversusTHE STATE OF MAH AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeals are partly allowed, with compensation enhanced to Rs.1500 per R for dry land and Rs.3000 per R for irrigated land, statutory benefits granted, and no interest awarded for the delay.
Summary
The appellants, agriculturists from Jalkot village, challenged the compensation awarded for land acquired for Percolation Tank No. 4 under the Land Acquisition Act, 1894. The Special Land Acquisition Officer had fixed Rs.295‑330 per R, which the reference court later enhanced to Rs.1200‑2400 per R based on a comparable sale (Exh. 15). Dissatisfied, the appellants appealed, arguing that the reference court erred in its valuation methodology. The High Court examined the sale instances, applied an 82% deduction, and fixed compensation at Rs.1500 per R for dry land and Rs.3000 per R for irrigated land, granting statutory benefits but denying interest for the delay. The Court also condoned the delay in filing the civil applications, subject to the no‑interest condition, and modified the reference court’s award accordingly.
Issues considered
- Whether the reference court correctly determined the market value of the acquired land under the Land Acquisition Act, 1894.
- Whether the compensation should be enhanced based on the comparable sale evidence presented.
- Whether the claimants are entitled to statutory benefits and interest for the period of delay.
- Whether the delay in filing the appeals and civil applications can be condoned.
Legislation cited
- Land Acquisition Act, 1894 — s. 18, 4
Subjects
- land acquisition
- compensation
- market value
- delay condonation
- statutory benefits
- interest
- agricultural land
- percolation tank
Judgment
2026:BHC-AUG:41139
FA 1219/11 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 FIRST APPEAL NO. 1219 OF 2011
ARUN DIGAMBER GABALE AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
WITH
CIVIL APPLICATION NO. 563 OF 2026
IN FAST/255/2026
GOPAL S/O. DHAONDIBA SATPUTE AND ANR.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANR.
…
WITH
CIVIL APPLICATION NO. 564 OF 2026
IN FAST/272/2026
DIGAMBER S/O. MAROTI MOHTE AND ANR.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND
ORS.
…
WITH
CIVIL APPLICATION NO. 566 OF 2026
IN FAST/266/2026
PARAJI S/O. GUNAJI GANGOTRI.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND
ORS.
…
WITH
CIVIL APPLICATION NO. 565 OF 2026
IN FAST/269/2026
MADHAV S/O. GUNAJI GANGOTRI.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND
ORS.
…
Advocate for Applicants/appellants : Mr. S. S. Halkude
AGP for Respondent/State : Mr. A.D. Wange
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 31, 2026
FA 1219/11 & Ors.
2
PER COURT :-
1. In civil applications filed for delay condonation, the learned counsel
for the applicants/original claimants submits that on the basis of same
award, from the same village, some agriculturists have filed first appeals
which are pending for admission since 2011 and therefore, the applications
may be allowed considering that the applicants are agriculturists.
Considering the above, I am inclined to condone the delay, subject to
condition that the claimants in respective appeals are not entitled to interest
or statutory benefits under the Land Acquisition Act from the date of award
till today. The delay caused in in filing the appeal is condoned. The
applications are allowed and disposed of.
2. Admit.
3. As the present acquisition proceedings were initiated in the year
2000, heard finally with the consent of the learned counsel for the
respective parties.
4. By these appeals, the appellants/original claimants assail the
judgment and award dated 19.4.2008 passed by the learned Civil Judge,
Senior Division, Ahmedpur Camp at Udgir in LAR No. 60/2005, 59/2005,
54/2005, 55/2005 and 58/2005, whereby the reference court has not
granted the compensation as claimed by the appellants.
5. The land of the claimants situated at village Jalkot, Tq. Jalkot, District
Latur were acquired for the purpose of Percolation Tank No. 4 at Jalkot,
Taluka Jalkot, District Latur. Notification under section 4 of the Land
Acquisition Act was published on 7.12.2000. The Special Land Acquisition
Officer (SLAO) has passed the award on 27.6.2003 and granted
FA 1219/11 & Ors.
3
compensation at the rate of Rs.295/- per R. to Rs.330/- per R. Being
dissatisfied with the award of the SLAO, the claimants filed an applications
before the Collector for referring the matter under section 18 of the Act for
proper determination of the market value of the acquired land. The learned
reference court after going through the evidence and examining the record
and considering the sale instances, Exhs. 15 and 16 observed that the said
sale instance, Exh. 15 can be relied upon as comparable sale instance and
enhanced the compensation at the rate of Rs.1200/- per R. to Rs.2400/- per
R. Being dissatisfied with the same, the present appeals are filed by the
original claimants.
6. Mr. S.S. Halkude, learned counsel for the appellants/original
claimants submits that the learned reference court has wrongly determined
the market value of the acquired lands considering the sale deeds, 7/12
extracts on record. He therefore, prays to enhance the compensation.
7. Per contra, Mr. A.D. Wange, learned AGP supports the impugned
judgment and award passed by the learned reference court and prays to
dismiss the appeals filed by the claimants.
8. Having heard the learned counsel for the respective parties, with their
assistance I have gone through the record and proceedings and the
impugned judgment and award of the reference court and the sale instances
on which the claimants relied before the reference court. After going
through the same, I find that SLAO has granted compensation at the rate of
Rs.295/- per R. to Rs.330/- per R. Section 4 notification came to be issued
on 7.12.2000 and the lands of the claimants came to be acquired.
9. The claimants relied upon the sale instance dated 17.8.2000 below
Exh. 15 by which 18 R. land from the Jalkot was sold for Rs.150000/- i.e.
FA 1219/11 & Ors.
4
Rs.8383/- per R. On perusal of sale instance, Exh. 16, I find that 9 R. land
situated at village Jalkot was purchased by Arya Vishaya Samaj
Smashanbhumi Jalkot for Rs. 100000/- i.e. Rs. 11111/- per R. Though the
said sale instance, Exh. 16, was from the same village, but that was for
small piece of land and therefore, the said sale instance was discarded by
the reference court.
10. As regards sale instance, Exh. 15 is concerned, the reference court
has observed by recording finding that the same can be considered as
comparable sale instance. But while determining the compensation, without
recording any reason straight way determined the compensation for
acquired lands at the rate of Rs.1200/- per R. by considering the oral and
documentary evidence on record. Infact once the reference court has placed
reliance on sale instance below Exh. 15, the reference court ought to have
determined the market value of the acquired lands, on the basis of said sale
instance, Exh. 15 by which 18 R. land was sold for Rs.1,50,000/-
considering the fact that at the relevant time Jalkot village was city. Though
the said land is agricultural land, but the fact remains that as the sale
instance is from the city and therefore, higher price for the land was given.
Therefore, this court finds that as per sale instance, Exh. 15, by which land
was purchased for commercial purpose and though the same was for small
piece of land, deductions of 82% needs to be applied to determine the
market value of the acquired land which comes to RS.1509/- per R.
Therefore, for making it round off, I deem it appropriate to grant rate of
Rs.1500/- per R. for dry land and Rs.3000/- per R. for irrigated land as per
the categorization of the lands done by the reference court. Hence, all the
appeals needs to be partly allowed. Hence, the following order.
FA 1219/11 & Ors.
5
ORDER
(i) The appeals are partly allowed.
(ii) The claimants are entitled to receive compensation the rate of
Rs.1500/- per R. for dry/Jirayat land and Rs.3000/- per R. for
irrigated/Bagayat land for their acquired lands as per the categorization
done by the learned reference court.
(iii) The appellants/claimants shall be entitled to all consequential
statutory benefits under the provisions of the Land Acquisition Act, 1894 on
the enhanced compensation in view of the judgment of Full Bench of this
Court in the case of State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4)
Mh.L.J. 457.
(iv) The claimants in the respective appeals shall not be entitled to
receive interest for the period of delay.
(v) The claimants to pay deficit court fees, if any, on enhanced amount.
(vi) The impugned judgment and award of the reference court is modified
accordingly.
(vii) Rest of the award shall remain unaltered.
(viii) Civil Application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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