Bombay High Court
SURESH SHAMRAO PATIL DECEASED THROUGH LRS PADMABAI SURESH PATIL AND ORSversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- SANJAY A DESHMUKH
Holding
The court held that, applying the principle of parity, claimants are entitled to compensation of Rs.4,00,000 per hectare for irrigated land, Rs.2,00,000 per hectare for non‑irrigated land, and Rs.1,00,000 per hectare for potkharab land, consistent with earlier judgments.
Summary
The appellants challenged a 2005 Land Reference Court award concerning compensation for land acquired under a project. They argued that, based on earlier Supreme Court decisions, the principle of parity required uniform compensation rates for irrigated, non‑irrigated, and potkharab lands. The State opposed this, contending that parity could not be applied. The High Court examined the earlier judgments and the Land Acquisition Act, 1894, and held that the claimants were entitled to the same rates as in the prior cases. Consequently, the court set aside the original award, modified the compensation amounts per hectare, and ordered payment of statutory benefits, while denying interest for delay.
Issues considered
- The applicability of the principle of parity in determining compensation for different categories of land under the same project and notification.
- Whether the compensation rates fixed in earlier judgments should be extended to the present case.
- Whether interest for delay should be awarded to the claimants.
Legislation cited
Subjects
- land acquisition
- compensation
- principle of parity
- irrigated land
- non‑irrigated land
- potkharab land
- interest
- solatium
Judgment
44 FA NO. 1282 OF 2015.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
44 FIRST APPEAL NO. 1282 OF 2015
Suresh Shamrao Patil Deceased Through Lrs Padmabai Suresh
Patil And Ors
VERSUS
The State Of Maharashtra And Ors
...
Mr. Kale Ajeet B., Advocate for Appellants
Mr. D. J. Patil, AGP for Respondents/State
Mr. Vivek V. Tarde, Advocate for Respondent No.3
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 04.03.2026
PER COURT :-
1. This appeal is preferred against the judgment and
award dated 29.04.2005 passed by the learned Land Reference
Court, Jalgaon in L.A.R. No.1481 of 2005 (Old L.A.R. No.49 of
2003).
2. Learned advocate for the appellant pointed out
judgment delivered by this Court in First Appeal Nos.2846 of 2024
and 1695 of 2025 dated 19.09.2025, wherein compensation for
the acquired irrigated land under the one and same project and
the same notification was determined @ Rs.4,00,000/- per
hectare. He submitted that the claimants’ acquired lands were
irrigated, non-irrigated and potkharab lands. Accordingly,
1 of 4
(( 2 )) 44 FA NO. 1282 OF 2015
compensation @ Rs.4,00,000/- per hectare for irrigated land,
Rs.2,00,000/- per hectare for non-irrigated land and Rs.1,00,000/-
per hectare for potkharab land be awarded. He submits that the
claimants are entitled to the same rate of compensation on the
principle of parity.
3. Learned AGP for the State and the learned advocate for
respondent No.3 strongly opposed the appeal and submitted that the
compensation cannot be awarded on the principle of parity. They
submitted to dismiss the appeal.
4. On perusal of the impugned judgment and in view of the
earlier judgment passed by this Court in respect of the same project
and the same notification, and considering the principle of parity, the
claimants are entitled to the same rate of compensation. The appeal
deserves to be allowed. The impugned judgment and award deserves
to be set aside. Hence, the following order:
::ORDER::
I. The First Appeal is partly allowed.
II. The impugned judgment and award is set aside and
modified as under.
(a) The claimants are entitled to compensation as per the
2 of 4
(( 3 )) 44 FA NO. 1282 OF 2015
following chart, along with all statutory benefits like
interest, component and solatium etc., as per the Provisions
of the Land Acquisition Act, 1894.
Block No. Nature of land Acquired Claimants are
area entitled to
Compensation @ Rs.
per hectare
Block No.14 Irrigated land 2 H 43 Are Rs.4,00,000/-
Block No.15 Irrigated land 1 H 04 Are Rs.4,00,000/-
Block No.15 Potkharab land 38 Are Rs.1,00,000/-
Block No.228 Irrigated land 5 H 88 Are Rs.4,00,000/-
Block No.228 Potkharab land 19 Are Rs.1,00,000/-
Block No.152 Irrigated land 2 H 46 Are Rs.4,00,000/-
Block No.152 Potkharab land 17 Are Rs.1,00,000/-
Block No.155 Non-irrigated 1 H 82 Are Rs.2,00,000/-
Block No.155 Potkharab land 1 H 60 Are Rs.1,00,000/-
Block No.21 Non-irrigated 3 H 14 Are Rs.2,00,000/-
Block No.21 Potkharab land 35 Are Rs.1,00,000/-
III. As far as trees are concerned, claimants are entitled to
receive compensation to the extent of 80% amount of
valuation report.
IV. It is clarified that the appellants / claimants are not
entitled to the interest for the period of delay, if any,
condoned by this Court.
V. The respondent-Acquiring Authority is directed to deposit
the enhanced amount of compensation along with all
3 of 4
(( 4 )) 44 FA NO. 1282 OF 2015
statutory benefits like interest, component and solatium
etc., within six months.
VI. If court fee is not sufficiently paid, the appellants shall pay
deficit court fee. On receiving the same, the enhanced
amount of compensation be paid to the claimants.
VII. Award be drawn up accordingly.
VIII. Pending civil applications, if any, are disposed of.
IX. Record and Proceedings be sent back.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav
4 of 4
Checking your session…