Bombay High Court
MUNJAJI WAMANRAO DHAWALEversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court modified the compensation awards, fixing Rs 5,869 per R for dry land and Rs 8,800 per R for seasonally irrigated land, and granted interest under Sections 28 and 34 of the Land Acquisition Act, 1894.
Summary
The appeals (FA Nos. 1234‑1238 of 2017) challenged awards dated 15‑04‑2015 and 17‑04‑2015 made by the 2nd Joint Civil Judge, Parbhani, in respect of land acquired for the Nimna Dudhana Project in Salegaon village. The petitioners contended that the compensation rates fixed for their lands were incorrect, arguing that seasonally irrigated lands should be valued higher than dry lands. The Court observed that the matter was identical to its earlier order in Ashok s/o Vishnu Gayke v. State of Maharashtra (CA/2333/2026) which fixed Rs 5,869 per R for dry land and applied a 1.5 multiplier for seasonally irrigated land. Accordingly, the Court modified the awards, granting Rs 5,869 per R for dry land and Rs 8,800 per R for seasonally irrigated land, and allowed interest under Sections 28 and 34 of the Land Acquisition Act, 1894. The appeals were partly allowed and the remaining portions of the original judgments were left unchanged.
Issues considered
- What is the correct compensation rate for seasonally irrigated land versus dry land in the acquisitions?
- Whether interest and other statutory benefits under the Land Acquisition Act, 1894 are payable to the claimants?
- Whether the earlier decision in Ashok s/o Vishnu Gayke v. State of Maharashtra (CA/2333/2026) is binding on the present appeals
Legislation cited
- Land Acquisition Act, 1894 — s. 28, 34
Subjects
- land acquisition
- compensation
- seasonally irrigated land
- dry land
- interest
- statutory benefits
- Land Acquisition Act 1894
- Nimna Dudhana Project
Judgment
2026:BHC-AUG:41316
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
……
28-FA-1234-2017 (+4).odt
2
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
28-FA-1234-2017 (+4).odt
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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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