VISHWAS KRISHNA GADKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:31301
                                                                         C-FA1288-20

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              FIRST APPEAL NO. 1288 OF 2020

             1.   Vishwas s/o Krishna Gadkar                   ...   Appellants
                  Age 45 years, Occu: Agri.
                  R/o Tugaon, Tq. & Dist. Osmanabad


                  VERSUS

             1.   The State of Maharashtra,
                  Through the Collector, Osmanabad

             2.   The Executive Engineer,                      ...   Respondents
                  Irrigation Department, Osmanabad.


            Mr. Sanjaykumar B. Bhosale, Advocate for Appellants
            Mrs. V. M. Chate, AGP for Respondent No.1 State
            Mr. S. C. Arora, Advocate for Respondent No.2


                                  CORAM : NEERAJ P. DHOTE, J.
                                    Dated : 27th July, 2026

            PER COURT :-

            1.       This is the First Appeal by the original Claimant for enhanced

            compensation towards acquisition of his land admeasuring 1 H 0 R

            from Gat No. 74-B at village Tugaon, Taluka and District Osmanabad

            for submergence on account of increase in the height of the Terna

            Medium Project.


            2.       The Section 4 Notification under the Land Acquisition Act was

            published in the Government Gazette on 11.03.1993 and the Award

            came to be declared on 27.03.1997. The Special Land Acquisition



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Officer ( the S.L.A.O. for short) determined the compensation at the

rate of Rs.407/- per R for the acquired land. Being not satisfied with

the compensation awarded by the S.L.A.O., the Appellant preferred

Land Acquisition Reference No. 109/2002 and led his evidence. No

evidence was led by the Acquiring Body and the State. By the Judgment

and Award dated      30.11.2012, the learned Reference Court partly

allowed the Reference Application and determined the rate of

Rs.42,000/- per Acre for the acquired dry land.


3.       Heard the learned Advocate for the Appellant, the learned

Advocate for the Acquiring Body and the learned AGP for the State,

finally. With their assistance, perused the papers on record.


4.       It is submitted by the learned Advocate for the Appellant that,

the learned Reference Court, in connected Reference Application No.

690/2010, arising out of the same acquisition proceedings, determined

the rate of Rs.2,500/- per R for the irrigated land. Since the Appellant's

land came to be acquired for the very same project, for which the land

of the said claimant is acquired, the Appellant is entitled for the same

rate on the ground of parity. Copy of the Judgment and Award dated

19.07.2013, passed by the learned Civil Judge, Senior Division,

Osmanabad in L.A.R. No. 690/2010 is tendered across the Bar by the

learned Advocate for the Appellant. The same is marked as Exhibit-1.


5.       It is submitted by the learned Advocate for the Acquiring Body

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that, the Appellant will have to establish that his acquired land was

similar to the land which was the subject matter of the said Reference

Application and only then, the ground of parity would be available to

him. He further submits that, the Appellant is not entitled to interest

for the delayed period, since the Appeal was filed in the year 2015 and

was firstly circulated in the year 2020. He further submits that, the

learned Reference Court awarded interest from the date of Section 4

Notification, which needs to be corrected in view the decision of the

Full Bench of this Court in State of Maharashtra Vs. Kailash Shiva

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


6.       It is submitted by the learned AGP that, he supports the

contentions made by the learned Advocate for the Acquiring Body.


7.        There is no dispute in respect of the extent of the land

acquired and the purpose for which it is acquired. The observation in

the judgment by the learned Reference Court shows that, the

Appellant's land was dry land. Perusal of the copy of the Award dated

19.07.2013 in L.A.R. No.690/2010 goes to show that, the land from

the same village i.e. Tugaon was acquired for the very same project i.e.

Terna Medium Project. The said decision appears to be based on the

earlier decision dated 16.07.2013, passed by the learned Reference

Court in L.A.R. No. 99/2010, and the learned Reference Court affirmed

the rate of Rs.2,500/- per R for the irrigated land in the said Reference


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Application No.690/2010. Considering that, the acquired land of the

Appellant and the land which was the subject matter of Reference

Application No. 690/2010 are from the same village and acquired for

the very same project, the Appellant shall be entitled for the same rate

on the ground of parity i.e. half of Rs.2,500/- being the dry land.


8.         The order dated 07.02.2020 passed by this Court, in the

Application for Condonation of delay in this Appeal, goes to show that,

while condoning the delay, this Court observed that, the Appellant

shall not be entitled for the interest and statutory benefits for the

delayed period. This shows that, the above referred contention of the

learned Advocate for the Acquiring Body is addressed. The operative

order of the impugned Award goes to show that, the interest is directed

to be calculated from the date of Section 4 Notification. Undisputedly,

the same is contrary to the decision in Kailash Shiva Rangari (supra)

and therefore, the interest will have to be calculated from the date of

Award. Hence, the following order:


                                ORDER



     (1)   The First Appeal is partly allowed.

     (2)   The Award dated 30.11.2012 passed by the learned 3rd Joint
           Civil Judge, Senior Division, Osmanabad in L.A.R. No.
           109/2002 stands modified as under:-



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                    (a)   The     Appellant/Claimant    shall   be   entitled     for
                          compensation at the rate of Rs.1,250/- (Rupees One
                          thousand Two Hundred Fifty only) per R for the dry
                          land.

                    (b)   The interest shall be calculated from the date of Award
                          by the the Special Land Acquisition Officer i.e.
                          27.03.1997.

                    (c)   The Appellant/Claimant shall not be entitled for the
                          interest and statutory benefits for the delayed period.

           (3)   The Appellants shall pay the enhanced Court fees.


           (4)   The pending Civil Applications, if any, stand disposed of.


           (5)   Record and Proceedings be sent back to the learned Reference

                 Court.




                                                           (NEERAJ P. DHOTE, J.)


JPChavan




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