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Bombay High Court

DEORAM ZIPA PATILversusSPECIAL LAND ACQ OFFICER and ANR

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court held that the present appeals are to be disposed of in terms of the earlier judgment in FA No. 1210/12, granting the claimants enhanced compensation and statutory benefits while dismissing the acquiring body’s appeal.

Summary

The High Court considered appeals concerning lands acquired for the MIDC Dhule project. The claimants argued that their case was identical to a previously decided matter (FA No. 1210/12) and sought enhanced compensation and statutory benefits. The court accepted that the controversy was the same as the earlier judgment and ordered the appeals to be disposed of in accordance with that decision. It dismissed the acquiring body’s appeal, partly allowed the claimants’ cross‑objection and appeal, and fixed the market value of the land at Rs 2,60,000 per hectare. The claimants were awarded all consequential statutory benefits under the Land Acquisition Act, 1894, and interest under Section 34 as per the State of Maharashtra v. Kailas Shiva Rangari judgment, with certain limitations on delayed‑interest claims. The court also discharged any bank guarantees, directed payment of deficit court fees, and allowed the withdrawing of deposits by the acquiring body upon compliance with procedural requirements.

Issues considered

  • The whether the present controversy is identical to that decided in FA No. 1210/12
  • Entitlement of claimants to enhanced compensation for the acquired land
  • Entitlement to statutory benefits and interest under the Land Acquisition Act, 1894
  • Whether interest for the delayed period should be awarded

Legislation cited

Subjects

  • land acquisition
  • compensation
  • market value
  • interest
  • statutory benefits
  • cross objection
  • appeal
  • bank guarantee
  • court fees

Judgment

2026:BHC-AUG:40620

                                                                        FA 1258/05 & anr.
                                                   1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 50 FIRST APPEAL NO. 1258 OF 2005

                                        DEORAM ZIPA PATIL
                                              VERSUS
                               SPECIAL LAND ACQ OFFICER AND ANR
                                                 ...
                                Advocate for Appellant : Mr. A.B. Kale
                           AGP for Respondent/State : Mr. S.N. Morampalle
                             Advocate for Respondent 3 : Mr. S.S. Dande
                                                 ...
                                 81 X-OBJECTION NO. 288 OF 2026
                                           IN FA/740/2012

                 BALIRAM MULCHAND PATIL, DIED THR. L.RS. SHRIKRISHAN AND ORS
                                            VERSUS
                        THE DIVISIONAL OFFICER, M.I.D.C. NASHIK AND ORS
                                               ...
                                              WITH
                                  FIRST APPEAL NO. 740 OF 2012
                                              WITH
                       CIVIL APPLICATION NO. 11370 OF 2019 IN FA/740/2012

                             THE DIVISIONAL OFFICER, MIDC, NASIK
                                              VERSUS
                 BALIRAM MULCHAND PATIL, DIED THR. L.RS. SHRIKRISHAN AND ORS
                                                 …
                       Advocate for appellant/acquiring body : Mr. S.S.Dande
                         Advocate for X-objectioner/claimant : Mr. A.B. Kale
                            AGP for Respondent/State : Mr. A.D. Wange
                                                 …

                                        CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                        Dated       : August 31, 2026

            PER COURT :-

            1.       Heard the learned counsel for the respective parties.

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

            9.8.2005 passed by the learned Civil Judge, Senior Division, Dhule in LAR

            No. 80/1998 and judgment and award dated 30.3.2011 passed by the Jt.

            Civil Judge, Senior Division, Dhule in LAR No. 32/1998, respectively.

            3.       The learned counsel for the acquiring body and original claimants
                                                            FA 1258/05 & anr.
                                      2

submits that the lands of the claimants were acquired from the same

village, for the same public purpose i.e. M.I.D.C. Dhule, and under the same

notification as involved in the First Appeal No. 1210/2012 (The Divisional

Officer, M.I.D.C., Nashik Vs. Yadav Bhivsan Patil And Others) and other

connected matters dated 28.7.2026. It is, therefore, contended that the

controversy involved in the present appeal is squarely covered by the

judgment and order in FA No. 1210/12 (supra), and consequently, the

present appeals deserve to be disposed of in terms thereof. The learned

A.G.P. appearing for respondent/State fairly concedes the aforesaid position.

4.      Having considered the submissions advanced by the learned counsel

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

controversy involved in the present appeal is identical to the one decided by

this Court in FA No. 1210/12 (supra), I see no reason to take a different

view. The present appeal, therefore, deserves to be disposed of in terms of

the said judgment and order. Hence, the following order:


                                  ORDER

(i)     First Appeal No. 740/2012 preferred by the appellant/acquiring body

is dismissed.

(ii)    Cross Objection No. 288/2026 in FA No. 740/2012 and First Appeal

No. 1258/2005 preferred by the claimants are partly allowed.

(iii)   The market value of the acquired lands is enhanced and determined

at Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) per Hectare.

(iv)    The claimants shall be entitled to all consequential statutory benefits

on the enhanced compensation in accordance with the provisions of the

Land Acquisition Act, 1894.
                                                               FA 1258/05 & anr.
                                        3

(v)      The claimants shall also be entitled to interest under Section 34 of

the Land Acquisition Act, 1894, strictly in accordance with the Full Bench

judgment of this Court in State of Maharashtra Vs. Kailas Shiva Rangari

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

(vi)     The claimants shall not be entitled to interest for the delayed period,

if any, in accordance with the orders passed in the respective matters.

(vii)    Save and except the above modification in the quantum of

compensation, the impugned Judgments and Awards passed by the learned

Reference Court shall remain unaltered.

(viii)   The Bank Guarantees, if any, furnished by the respective claimants

stand discharged.

(ix)     The claimants shall pay deficit court fees, if any.

(x)      The claimants are permitted to withdraw the amount deposited by

the appellant-acquiring body, together with accrued interest, if any, upon

furnishing the usual undertaking to the satisfaction of the Registrar

(Judicial) of this Court.

(xi)     Modified award be drawn accordingly.

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



                                            ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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