Bombay High Court

BHIMA TULSHIRAM THAKAREversusTHE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ANOTHER

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court held that claimants are entitled to Rs 2,00,000 per hectare for jirayat land with interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act, but not to any enhanced compensation for delay.

Summary

The appellant Bhima Tulshiram Thakare appealed against the Special Land Acquisition Officer and another regarding a 2010 award in a land acquisition matter for minor irrigation works. The court noted that the issues were already decided in a coordinate bench judgment dated 8 January 2026 in First Appeal No.1675 of 2015, which covered the same public purpose. Accordingly, the appeal was partly allowed, modifying the award to grant compensation of Rs 2,00,000 per hectare for jirayat land and interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act, as per the Full Bench decision in State of Maharashtra v. Kailas Shiva Rangari. The court clarified that no enhanced compensation is payable for the delay and that any deficit court fees must be paid by the claimants. All other terms of the original award were left unchanged and pending civil applications were disposed of.

Issues considered

Whether the compensation for jirayat land should be set at Rs 2,00,000 per hectare
Whether interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act applies to the award
Whether claimants are entitled to enhanced compensation for the period of delay
Whether the coordinate bench judgment in First Appeal No.1675 of 2015 is binding on the present appeal

Legislation cited

Maharashtra Land Acquisition Act, 1960 — s. 28, 34

Subjects

land acquisition
compensation
jirayat land
interest
delay
Maharashtra Land Acquisition Act
court fees
coordinate bench precedent

Judgment

2026:BHC-AUG:39526
923-FA-1246-2014.odt
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

923 FIRST APPEAL NO. 1246 OF 2014

Bhima Tulshiram Thakare
VERSUS
The Special Land Acquisition Officer, Nandurbar And Another

……
Mr. I.K. Wagh, Advocate h/f Mr. K.. More, Advocate for the Appellant
Mr. D.R. Kale, AGP for Respondent No.1
Mr. A.D. Pawar, Advocate for Respondent No.2-Acquiring body
……

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 29 AUGUST, 2026
PER COURT :

1. Heard the learned counsel for the respective parties.

2. The present appeal arises out of the Judgment and Award dated

28.09.2010 passed by the learned Civil Judge, Senior Division, Nandurbar in

Land Acquisition Reference No.151 of 2005.

3. Learned counsel Mr. I.K. Wagh, holding for Mr. K.M. More for the

appellant has tendered across the Bar a copy of the judgment and dated

08.01.2026 passed by the Coordinate Bench of this Court in First Appeal

No.1675 of 2015 and connected matters. He submits that the land of the

appellants was acquired from village Baldane, Taluka and District

Nandurbar, for the same public purpose, i.e. Minor Irrigation Works for

Amravati Nala, under the same notification as involved in the said appeals.

It is, therefore, submitted that the controversy involved in the present
923-FA-1246-2014.odt
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appeal is squarely covered by the judgment and dated 08.01.2026 passed by

the Coordinate Bench of this Court in First Appeal No.1675 of 2015 and

connected matters and, consequently, the present appeal deserves to be

disposed of in terms thereof. The learned AGP appearing for the State as

well as the learned counsel for the Acquiring Body fairly concede the

aforesaid position.

4. Having considered the submissions advanced by the learned counsel

for the respective parties and since the controversy involved in the present

appeal is admittedly covered by the aforesaid order of this Court, I see no

reason to take a different view. The present appeal, therefore, deserves to be

disposed of in terms of the judgment and dated 08.01.2026 passed by the

Coordinate Bench of this Court in First Appeal No.1675 of 2015 and

connected matters. Hence, the following order:

ORDER

(i) The present appeal is partly allowed.

(ii) The Judgment and Award dated 28.09.2010 passed by the learned

Civil Judge, Senior Division, Nandurbar in Land Acquisition Reference

No.151 of 2005 is modified to the extent that the claimants shall be entitled

to receive compensation at the rate of Rs.2,00,000/- per Hectare for jirayat

land.
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(iii) The claimants shall be entitled to interest under Sections 28 and 34

of the Act, 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.

(iv) It is clarified that the claimants shall not be entitled to enhanced

compensation for the delayed period.

(v) The claimants shall pay deficit Court fees, if any, on the enhanced

compensation.

(vi) The modified award be drawn accordingly.

(vii) Rest of the Judgment and Award passed by the learned Reference

Court shall remain unaltered.

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

[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane

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