KAUSARALI SHAUKATALIversusTHE SPECIAL LAND ACQUISITION OFFICER (2) UPPER TAPI PROJECT, HATNUR, JALGAON AND ANR

2026:BHC-AUG:41942



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 21 FIRST APPEAL NO. 1295 OF 2017

                                    KAUSARALI SHAUKATALI
                                           VERSUS
                 THE SPECIAL LAND ACQUISITION OFFICER (2) UPPER TAPI PROJECT,
                                  HATNUR, JALGAON AND ANR
                                             ...

                                              WITH
                                  FIRST APPEAL NO. 1329 OF 2017

                                 GOPAL ANAND CHAUDHARI
                                           VERSUS
            THE SPECIAL LAND ACQUISITION OFFICER- UPPER TAPI PROJECT, HUTNUR-
                                  I JALGAON AND ANOTHER
                                              …
                           Advocate for Appellant : Mr. Kale Ajeet B.
                          AGP for Respondent/State : Mr. S.S. Dande
                          Advocate for Respondent 2 : Mr. V.V. Tarde
                                              ...
                                    CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       Dated        : September 07, 2026
            PER COURT :-

            1.       Heard learned counsel Mr. Ajeet B. Kale for the appellant, Mr. S.S.

            Dande, learned AGP for State and Mr. V.V. Tarde, learned counsel for

            acquiring body.

            2.       By these appeals, the appellants-original claimants challenge the

            judgment and award dated 24.09.2009 passed by the learned Civil Judge,

            Senior Division, Jalgaon in LAR Nos. 2007/2005 and judgments and award

            dated 16.11.2006 passed by the learned Civil Judge, Senior Division,

            Jalgaon in LAR No. 123/2006.

            3.       Learned counsel for the appellants has placed on record a copy of

            the judgment delivered by the Division Bench of this Court in Special Land

            Acquisition Officer (III), Jalgaon and another vs. Bhagwat Vitthal Sonwane,

            reported in 2009 (4) Mh.L.J. 308 arising out of the same project. He
submits that, in the said case, this Court determined the market value of

the acquired jirayat land at the rate of Rs.2,00,000/- per hectare, bagayat

land at twice the rate of jirayat land, i.e. Rs.4,00,000/- per hectare, and

potkharab land at the rate of Rs.1,00,000/- per hectare. In the present

case, the learned Reference Court has determined the market value of the

acquired jirayat land at the rate of Rs.1,95,000/- per hectare in LAR No.

2007/2005 and Rs. 2,50,000/- per hectare for Bagayat land in LAR No.

123/2006.    He,   therefore,   submits   that   the   rates   of   compensation

determined in the aforesaid judgment may be applied to the acquired lands

in the present case.

4.     Learned AGP appearing for the respondent-State, concedes the

aforesaid position.

5.     The learned reference court has already treated acquired land from

Gat No. 73 as Bagayat land in LAR No. 123/2006. As far as land bearing Gat

No. 104/3 involved in LAR No. 2007/2005 is concerned, the learned

reference court has treated the acquired land as jirayat land and as far as

fruit bearing trees are concerned, though there was well in existence,

compensation was paid by the SLAO towards well. Therefore, the land

acquired from Gat No. 104/3 needs to be treated as seasonal irrigated land

and as per the judgment referred above, compensation of Rs.3,00,000/- per

H. needs to be granted for the acquired land from Gat No. 104/3.

6.     In view of the aforesaid judgment of the Division Bench, the

appellants would be entitled to compensation at the rates determined

therein. The First Appeals, therefore, deserve to be partly allowed and the

impugned judgments and awards deserve to be modified to that extent.

Hence, the following order:
                                   ORDER

I.      The First Appeals are partly allowed.

II.     The judgment and award dated 24.09.2009 passed by the learned

Civil Judge, Senior Division, Jalgaon in LAR Nos. 2007/2005 and judgments

and award dated 16.11.2006 passed by the learned Civil Judge, Senior

Division, Jalgaon in LAR No. 123/2006 is modified to the extent indicated

hereinbelow.

III.    The claimants shall be entitled to compensation for the acquired

land at the rate of Rs.2,00,000/- per hectare for jirayat land, Rs. 3,00,000/-

per hectare for semi-irrigated land, Rs.4,00,000/- per hectare for bagayat

land and Rs.1,00,000/- per hectare for potkharab land.

IV.     The claimant shall be entitled to all consequential statutory benefits

on the enhanced amount of compensation, in accordance with the

provisions of the Land Acquisition Act, 1894.

V.      The claimant shall 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.

VI.     Save and except the aforesaid modification, the Judgment and

Award passed by the learned Reference Court shall remain unaltered.

VII.    The appellant shall pay the deficit Court-fees, if any.

VIII.   The modified award be drawn accordingly.

IX.     Pending civil applications, if any, stand disposed of.



                                           ( SIDDHESHWAR S. THOMBRE, J. )

ssc/