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Bombay High Court

BHAGWAN DEORAO HAMBARDEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that, because the controversy is identical to earlier decided matters, the appeal is disposed in accordance with those judgments, modifying the award to Rs.1,75,000 per hectare with specified interest and solatium.

Summary

The appeal challenges a 2014 award of compensation in a land acquisition case. The appellant argued that the dispute is identical to matters previously decided by this Court in First Appeal No.67 of 1997 and First Appeal No.1264 of 2017. Both the State and the acquiring authority accepted this view. The Court agreed, modified the lower court's judgment, and set compensation at Rs.1,75,000 per hectare with interest of 90% per annum for the first year and 15% thereafter, plus a 30% solatium. The respondents were directed to pay the amount with statutory benefits. The first appeal was partly allowed.

Issues considered

  • Whether the controversy in the present appeal is identical to that decided in earlier judgments and can be disposed of accordingly
  • What compensation rate, interest, and solatium are applicable for the acquired land

Subjects

  • land acquisition
  • compensation
  • solatium
  • interest
  • precedent
  • appellate jurisdiction

Judgment

2026:BHC-AUG:44562
                                                                           22-FA-1263-2017.odt
                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                               22 FIRST APPEAL NO. 1263 OF 2017
                                  Bhagwan Deorao Hambarde
                                           VERSUS
                             The State Of Maharashtra And Others
                                             ……
          Mr. S.K. Kadam, Advocate for Appellant
          Mr. B.A. Shinde, AGP for Respondents No.1 and 2
          Mr. S.S. Dande, Advocate for Respondent No.3
                                            ……

                                            CORAM : SIDDHESHWAR S. THOMBRE, J.
                                            DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.       Heard the learned counsel for the respective parties.


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

          25.02.2014 passed by the learned 2nd Joint Civil Judge, Senior Division,

          Nanded, in Land Acquisition Reference No.84 of 2005 (Old L.A.R. No.212 of

          1997).


          3.       The learned counsel for the appellant has tendered across the Bar a

          copy of the order dated 29.07.2026 passed by this Court in First Appeal

          No.1264 of 2017, wherein this Court has relied upon the order dated

          20.11.2013 passed by the Coordinate Bench of this Court in First Appeal

          No.67 of 1997 and connected matters. He submits that, as the controversy

          involved in the present appeal is squarely covered by the aforesaid orders,

          the present appeal deserves to be disposed of in terms thereof. The learned

          A.G.P., as well as the learned counsel appearing for the acquiring body, fairly

          concede the aforesaid position.
                                                                   22-FA-1263-2017.odt
                                          2


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 as well as by the Coordinate Bench of this Court in the

aforementioned matters, I see no reason to take a different view. The

present appeal, therefore, deserves to be disposed of in terms of the said

judgments and orders. Hence, the following order:


                                     ORDER

(i)        The impugned judgment passed by the Reference Court is modified.


(ii)       It is held that the claimants are entitled for compensation for their

acquired lands at the rate of Rs.1,75,000/- per hector along with interest at

the rate of 90% per annum from 07.05.1990 to 06.05.1991 and thereafter at

the rate of 15% per annum from 07.05.1991 till payment of entire amount.

The claimants are entitled to solatium at the rate of 30% on the awarded

amount.


(iii)      The respondents shall pay the amount as directed above to the

claimants/appellants along with statutory benefits.


(iv)       The first appeal is accordingly partly allowed.



                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane


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