Bombay High Court
RAJMAL SURAJMAL BEDMUTHA THR LRSversusTHE STATE OF MAHARASHTRA and ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court partially allowed the appeals, fixing compensation at Rs.1,800 per R for dry land, Rs.2,700 per R for seasonally irrigated land, and Rs.3,600 per R for irrigated land, and granting interest under Sections 28 and 34, thereby modifying the award accordingly.
Summary
The appellants challenged the compensation awarded for lands acquired in 1993 for the Terna Project, arguing that they should receive the same rates as in a later 2008 case where the market value was fixed at Rs.1,800 per R for dry land. The State contended that the differing dates of notification justified a different valuation. The Court examined the sale instance of July 1991 and held that the lands were adjacent to those in the earlier case, warranting parity in valuation. It fixed compensation at Rs.1,800 per R for dry land, Rs.2,700 per R for seasonally irrigated land, and Rs.3,600 per R for irrigated land, modifying the award accordingly. The Court also ordered interest under Sections 28 and 34 from the date of the original award and upheld the remainder of the reference court's decision.
Issues considered
- Whether the appellants are entitled to the same compensation rates as determined in the earlier 2008 case despite the earlier notification date of 1993.
- What are the appropriate compensation rates for dry, seasonally irrigated, and irrigated land in the present acquisition.
- Whether interest under Sections 28 and 34 of the Land Acquisition Act should be awarded from the date of the original award.
- Whether the award clauses need modification in light of the parity principle.
Legislation cited
- Land Acquisition Act — s. 28, 34, 4
Subjects
- land acquisition
- compensation
- market value
- parity principle
- interest
- Section 28
- Section 34
- irrigated land
- seasonally irrigated land
- award modification
Judgment
2026:BHC-AUG:38085
Dilwale 1 901-fa-54-07.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 FIRST APPEAL NO. 54 OF 2007
Pravinkumar Rajmal Bedmutha Thr Lrs
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 53 OF 2007
Anilkumar Rajmal Bedmutha
VERSUS
The State Of Maharashtra And Anr
WITH
FIRST APPEAL NO. 1323 OF 2006
Rajmal Surajmal Bedmutha Thr Lrs
VERSUS
The State Of Maharashtra And Anr
...
Advocate for Appellant : Mr. S. S. Manale
AGP for Respondent-State: Mr. B. A. Shinde
Advocate for Respondent No.2 : Mrs. Kalpalata Patil
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.08.2026
PER COURT :
1. As the acquisition proceeding is of the year 1993, the appeals are
being heard finally with the consent of learned counsel for the respective
parties.
2. By these appeals, the appellants-original claimants are aggrieved by
the judgment and award dated 12.10.2006 passed by the learned Civil
Judge, Senior Division, Nilanga in LAR Nos.784, 785 and 786 of 1998,
whereby the Reference Court has enhanced the compensation, though
Dilwale 2 901-fa-54-07.odt
not as per the claim of the claimants.
3. The lands were acquired for the Terna Project, Right Bank Canal,
from village Hadoli. The notification under Section 4 of the Land
Acquisition Act was published on 15th June 1993. The Special Land
Acquisition Officer declared the award on 14th August 1996. The
particulars of the acquired lands are as follows :
Sr. Sy. Rate by Rate by Claim of the
F.A. No. LAR No. Area
No. No. LAO Court claimants
22,480 per 45,000 per 1,50,000/- per
1 53/2007 784/1998 63 0.89 R
Acre Acre Acre
42,680 per 60,000 per 1,50,000/- per
2 54/2007 785/1998 60 0.58 R
Acre Acre Acre
1323/200 20,400 per 45,000 per 1,50,000/- per
3 786/1998 62 1.27 H.
6 Acre Acre Acre
4. Mr. S. S. Manale, learned counsel for the appellants/claimants
tenders across the bar a copy of the order passed by this Court in First
Appeal No. 355 of 2008 and connected matters decided on 13.03.2024,
wherein the lands were acquired for the same project, namely, Terna
Project, Right Bank Canal under a subsequent notification.
5. He further submits that in the present matters, the notification
under Section 4 of the Land Acquisition Act was published on 15th June
1993, whereas, in First Appeal No. 355 of 2008 and connected matters,
the notification was published on 10th July 1995. The lands in those
Dilwale 3 901-fa-54-07.odt
matters were also acquired from the same village. This Court after
considering the sale instances dated 12 th July 1991, determined the
market value at the rate of Rs.1,800/- per R for dry land. The learned
counsel for the appellants further submits that, on the principle of parity,
the appellants are entitled to receive compensation at the same rate as
determined by this Court in the aforesaid matters.
6. Per contra, Mrs. Kalpalata Patil, learned counsel for the acquiring
body submits that the matters were decided by the learned Reference
Court on its own merits. She further submits that there is a difference
between the dates of the notifications in the present matters and in the
First Appeal No.355 of 2008. In the present matters, notification is of the
year 1993, whereas, in the matters relied upon by the appellants, the
notification is of the year 1995. Therefore, according to her, the
appellants are not entitled to claim the same benefit merely on the basis
of the judgment in the aforesaid matters.
7. Mr. B. A. Shinde, learned AGP, adopts the submissions advanced on
behalf of the acquiring body.
8. Having heard the learned counsel for the respective parties and
with their able assistance having gone through the record and
proceedings, it is revealed that the lands involved in the present matters
were acquired for the same project. In LAR No. 111 of 2001 and
connected matters therewith, the Reference Court had relied upon the
sale instance at Exhibit 30 dated 12 th July 1991 pertaining to village
Dilwale 4 901-fa-54-07.odt
Sarwadi. This Court has already recorded a finding that the lands covered
by the sale instance and the acquired lands are adjacent to each other.
Once this Court has already determined the market value after
considering the relevant sale instance, there is no reason to take a
different view in the present matters. Therefore, I am inclined to allow
the appeals partly.
9. The claimants are entitled to receive compensation at the following
rates :
(i) Rs.1,800/- per R for dry land;
(ii) Rs.2,700/- per R for seasonally irrigated land; and
(iii) Rs.3,600/- per R for irrigated land.
10. In the present matters, the Reference Court has treated the
acquired land in First Appeal Nos. 53 of 2007 and 1323 of 2006 as
seasonally irrigated land, whereas the acquired land in First Appeal
No. 54 of 2007 has been treated as irrigated land. Consequently, the
appellants in First Appeal Nos. 53 of 2007 and 1323 of 2006 are
entitled to receive compensation at the rate of Rs.2,700/- per R,
whereas the appellant in First Appeal No. 54 of 2007 is entitled to
receive compensation at the rate of Rs.3,600/- per R.
11. Hence, the following order :
ORDER
(i) The appeals are partly allowed.
Dilwale 5 901-fa-54-07.odt
(ii) The appellants in First Appeal Nos. 53 of 2007 and 1323 of
2006 are entitled to receive compensation at the rate of
Rs.2,700/- per R for seasonally irrigated lands and the
appellant in First Appeal No. 54 of 2007 is entitled to
receive compensation at the rate of Rs.3,600/- per R for
irrigated lands and to that extent Clause 2 of operative
part of the impugned award passed by the learned
Reference Court stands modified.
(iii) The claimants shall also be entitled to interest under
Sections 28 and 34 from the date of the award dated
14th August 1996, along with all other statutory benefits as
per State of Maharashtra Vs. Kailash Shiva Rangari
reported in 2016 (3) Mh.L.J. 457 and to that extent Clause
3 of the operative part of the impugned award passed by
the learned Reference Court stands modified.
(iv) The rest of the judgment and award passed by the
Reference Court is maintained.
(v) Deficit Court fee be paid.
(vi) Modified award be drawn accordingly.
(vii) Pending Civil Applications, if any, stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
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