Bombay High Court

GANESH KISHANRAO DHAWALE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that seasonally‑irrigated lands are to be compensated at Rs 8,800 per R (1.5 times the dry‑land rate of Rs 5,869 per R) and that the appeals are to be partly allowed in line with the earlier order.

Summary

The Bombay High Court, Aurangabad Bench, heard multiple first appeals (Nos. 1234‑1238 of 2017) challenging land acquisition awards dated 15‑04‑2015 and 17‑04‑2015. The appellants argued that the compensation rates should follow a recent order of this Court (13‑03‑2026) which fixed the dry‑land rate at Rs 5,869 per R and, by applying a factor of 1.5, a seasonally‑irrigated‑land rate of Rs 8,800 per R. The Court accepted that the present cases are identical to the earlier matter and modified the awards accordingly: dry‑land claimants receive Rs 5,869 per R, seasonally‑irrigated claimants receive Rs 8,800 per R, with statutory benefits and interest under Sections 28 and 34 of the Land Acquisition Act, 1894, as per the State of Maharashtra v. Kailas Shiva Rangari decision. No interest for the delayed period was granted, and the remaining parts of the original judgments were left unchanged. The appeals were partly allowed and the records were sent back for execution of the modified awards.

Issues considered

Whether the compensation for the acquired lands should be based on the dry‑land rate of Rs 5,869 per R or the enhanced seasonally‑irrigated‑land rate of Rs 8,800 per R.
Whether the earlier order of this Court (13‑03‑2026) in Ashok s/o Vishnu Gayke v. State of Maharashtra is binding on the present appeals.
Whether the appellants are entitled to interest and other statutory benefits under the Land Acquisition Act, 1894.
Whether the appeals should be disposed of in accordance with the precedent rather than on their own merits.

Legislation cited

Land Acquisition Act, 1894 — s. 28, 34

Subjects

land acquisition
compensation
dry land
seasonally irrigated land
interest
statutory benefits
Land Acquisition Act 1894
precedent
High Court
award modification

Judgment

2026:BHC-AUG:41315
28-FA-1234-2017 (+4).odt
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

28 FIRST APPEAL NO. 1234 OF 2017

Basvantabai Munjaji Dhawale
VERSUS
The State Of Maharashtra And Others

……

29 FIRST APPEAL NO. 1235 OF 2017

Ganesh Kishanrao Dhawale And Another
VERSUS
The State Of Maharashtra And Others
……

30 FIRST APPEAL NO. 1236 OF 2017

Munjaji Wamanrao Dhawale
VERSUS
The State Of Maharashtra And Others
……

31 FIRST APPEAL NO. 1237 OF 2017

Kalidas Munjaji Dhawale
VERSUS
The State Of Maharashtra And Others
……

32 FIRST APPEAL NO. 1238 OF 2017

Baburao Vithalrao Gayke
VERSUS
The State Of Maharashtra And Others
……

Mr. Dhananjay Mane, Advocate h/ Mr. N.R. Pawade, Advocate for Appellants
in all FAs
Mr. S.S. Dande, Mr. A.M. Phule, Mr. A.D.Wange, Mr. B.A. Shinde, AGPs for
Respondents NO.1 and 2 in respective matters.
Mr. B.R. Surwase, Advocate for Respondent No.3 in all FAs
……
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CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 04 SEPTEMBER, 2026

PER COURT :

1. Heard learned counsel for the respective parties.

2. The present appeals arise out of the common impugned Judgments and

Awards dated 15.04.2015 and 17.04.2015 passed by the learned 2nd Joint

Civil Judge, Senior Division, Parbhani, in Land Acquisition Reference

Nos.25/2011, 14/2011, 15/2011, 16/2011 and 23/2011.

3. Learned counsel appearing for the appellants and learned counsel

appearing for Respondent No.3 – Acquiring Body submit that the

controversy involved in the present appeals is squarely covered by the order

dated 13.03.2026 passed by this Court in CA/2333/2026 in

FAST/3785/2026 (Ashok s/o. Vishnu Gayke and Others Vs. The State of

Maharashtra and Others) and connected matters, wherein the Coordinate

Bench relied upon the order dated 11.12.2025 passed in First Appeal

No.1778 of 2024 (Pralhad Annasaheb Nirwal Vs. The State of Maharashtra

and Others) and determined the market value by enhancing the

compensation for the acquired dry lands at the rate of Rs.5,869/- per R. It is

further submitted that, as the lands of the appellants were acquired from the

same village, i.e. Salegaon, for the same public purpose, namely, the ‘Nimna

Dudhana Project’, and under the very same notification as involved in the
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said appeals, the present appeals may also be disposed of in terms of the

said order. Learned AGP appearing for the State fairly concedes the

aforesaid position.

4. Having considered the submissions advanced by learned counsel for

the respective parties, and in view of the admitted position that the

controversy involved in the present appeals is identical to the one decided

by this Court by order dated 13.03.2026 passed in CA/2333/2026 in

FAST/3785/2026 (Ashok s/o. Vishnu Gayke and Others Vs. The State of

Maharashtra and Others) and connected matters, I see no reason to take a

different view. The present appeals, therefore, deserve to be disposed of in

terms of the said order.

5. As regards the categorization of the lands, the record reveals that

the land acquired in First Appeal No.1234 of 2017 (L.A.R. No.25/2011) has

been treated as seasonally irrigated land by the learned Reference Court. It

further appears that the land acquired in First Appeal No.1238 of 2017

(L.A.R. No.23/2011) has been treated as dry land by the learned Reference

Court. However, the record shows that the said land is seasonally irrigated

land. Therefore, the claimants in First Appeal Nos.1234 of 2017 and 1238 of

2017 are entitled to compensation for their acquired seasonally irrigated

lands at the rate of Rs.8,800/- per R. The aforesaid rate is arrived at by

applying the factor of 1.5 to the rate determined for dry land, i.e. Rs.5,869/-

x 1.5 = Rs.8,803.50 per R, which is rounded off to Rs.8,800/- per R.
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6. As regards the lands acquired in First Appeal Nos.1235 of 2017

(L.A.R. No.14/2011), 1236 of 2017 (L.A.R. No.15/2011) and 1237 of 2017

(L.A.R. No.16/2011), the learned Reference Court has treated the lands as

dry lands. Therefore, the claimants therein are entitled to compensation for

their acquired dry lands at the rate of Rs.5,869/- per R. Hence, the following

order:

ORDER

(i) The First Appeals are partly allowed.

(ii) The common impugned Judgments and Awards dated 15.04.2015

and 17.04.2015 passed by the learned 2nd Joint Civil Judge, Senior

Division, Parbhani, in Land Acquisition Reference Nos.25/2011, 14/2011,

15/2011, 16/2011 and 23/2011 are modified to the aforesaid extent.

(iii) The appellants-claimants in First Appeal Nos.1235 of 2017, 1236 of

2017 and 1237 of 2017 are entitled to receive compensation at the rate of

Rs.5,869/- per R for their acquired dry lands.

(iv) The appellants-claimants in First Appeal Nos.1234 of 2017 and 1238

of 2017 are entitled to receive compensation at the rate of Rs.8,800/- per R

for their acquired seasonally irrigated lands.

(v) The appellants shall not be entitled to interest and statutory benefits

for the delayed period.
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(vi) The appellants-claimants shall be entitled to all statutory benefits

under the Land Acquisition Act, 1894, in accordance with law.

(vii) The appellants-claimants shall be entitled to interest under Sections

28 and 34 of the Land Acquisition Act, 1894, strictly in accordance with the

Full Bench decision of this Court in State of Maharashtra Vs. Kailas Shiva

Rangari, 2016 (3) Mh.L.J. 457.

(viii) The remaining part of the Judgments and Awards passed by the

learned Reference Court shall remain unaltered.

(ix) The modified awards be drawn accordingly.

(x) The appellants-claimants shall pay the deficit Court fees, if any, on

the enhanced compensation.

(xi) The Record and Proceedings be sent back to the concerned Court, if

any.

(xii) Pending Civil Applications, if any, stand disposed of.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Ranes

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