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Bombay High Court

UNION OF INDIA THR DY CHIEF ENGINEER, SOLAPURversusSHAIKH CHAND MOHAMMAD RASHID AND ANR

Disposal
DISMISSED

Holding

The first appeals filed by the acquiring body are dismissed; cross‑objections are partly allowed; compensation is set at Rs 123 per square foot with statutory benefits, but no interest for the delayed period.

Summary

The Union of India, as the acquiring authority for a railway expansion project, acquired land in Arvi village under a Section 4 notification of the Land Acquisition Act, 1894. The Special Land Acquisition Officer awarded compensation at Rs 127 per square metre, which the claimants challenged before the reference court, leading to an enhanced rate of Rs 70 per square foot. The claimants later filed cross‑objections in the acquiring body’s first appeals after a 14‑year delay, seeking a higher market value of Rs 123 per square foot, citing a coordinate bench decision in a similar case. The court condoned the delay in filing the cross‑objections, but held that the acquiring body’s appeals were without merit because the coordinate bench’s determination of Rs 123 per square foot applied to the same project. Consequently, the appeals were dismissed, the cross‑objections were partly allowed, and the claimants were awarded compensation at Rs 123 per square foot with all statutory benefits except interest for the period of delay.

Issues considered

  • The delay in filing cross‑objections: whether it should be condoned.
  • Whether the acquiring body’s first appeals challenging the reference court’s award have merit in view of the coordinate bench’s earlier decision.
  • What is the appropriate market value compensation for the acquired land.
  • Whether claimants are entitled to interest and other statutory benefits for the period of delay.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • market value
  • delay condonation
  • cross objections
  • railway project
  • statutory benefits
  • interest
  • coordinate bench

Judgment

2026:BHC-AUG:41929

                                                               FA 1345/12 & Ors.
                                             1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              15 FIRST APPEAL NO. 1345 OF 2012
                                            WITH
                     CIVIL APPLICATION NO. 5600 OF 2013 IN FA/1345/2012

              UNION OF INDIA THR. DY CHIEF ENGINEER, CONSTRUCTION, CENTRAL
                                          RAILWAY
                                          VERSUS
                              RAMLAL GANESH TIWARI AND ANR
                                             …
                                           WITH
                CIVIL APPLICATION NO. 6958 OF 2026 IN X-OBJST/19299/2026 IN
                                       FA/1345/2012

             RAMLAL GANESH TIWARI DIED THR. LRS VIDYA MADAN TIWARI AND ANR
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                             …
                                           WITH
               CIVIL APPLICATION NO. 8827 OF 2026 IN X-OBJST/23499/2026 IN
                                       FA/1345/2012

                            RAMLAL GANESHLAL TIWARI AND ORS.
                                          VERSUS
               THE DY. CHIEF ENGINEER (C), CONSTRUCTION DIVISION, CENTRAL
                                RAILWAY, SOLAPUR AND ORS.
                                             …
                                           WITH
                               FIRST APPEAL NO. 1348 OF 2012
                                           WITH
                    CIVIL APPLICATION NO. 5597 OF 2013 IN FA/1348/2012

                      UNION OF INDIA THR DY CHIEF ENGINEER, SOLAPUR
                                          VERSUS
                         SHAIKH CHAND MOHAMMAD RASHID AND ANR
                                             …
                                           WITH
                CIVIL APPLICATION NO. 6963 OF 2026 IN X-OBJST/19302/2026 IN
                                       FA/1348/2012

                             SHAIKH CHAND MOHAMMAD RASHID.
                                          VERSUS
            THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANR.
                                             …
                                           WITH
                               FIRST APPEAL NO. 1347 OF 2012
                                           WITH
                    CIVIL APPLICATION NO. 7943 OF 2021 IN FA/1347/2012
                                           WITH
                                                        FA 1345/12 & Ors.
                                    2

         CIVIL APPLICATION NO. 2605 OF 2017 IN FA/1347/2012
                                WITH
         CIVIL APPLICATION NO. 5599 OF 2013 IN FA/1347/2012

           UNION OF INDIA THR DY CHIEF ENGINEER, SOLAPUR
                               VERSUS
                PAWANKUMAR SHIVLAL TIWARI AND ORS
                                  …
                                WITH
     CIVIL APPLICATION NO. 4812 OF 2024 IN X-OBJST/4059/2024 IN
                            FA/1347/2012

               PAWNKUMAR SHIVLAL TIWARI AND ANR
                              VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.
                                 …
                               WITH
                   FIRST APPEAL NO. 1346 OF 2012
                               WITH
        CIVIL APPLICATION NO. 5598 OF 2013 IN FA/1346/2012

           UNION OF INDIA THR DY CHIEF ENGINEER, SOLAPUR
                               VERSUS
                   RAMLAL GANESH TIWARI AND ANR
                                  …
                                WITH
    CIVIL APPLICATION NO. 8828 OF 2026 IN X-OBJST/23496/2026 IN
                            FA/1346/2012

                RAMLAL GANESHLAL TIWARI AND ORS.
                               VERSUS
   THE DY. CHIEF ENGINEER (C), CONSTRUCTION DIVISION, CENTRAL
                     RAILWAY, SOLAPUR AND ORS.
                                  …
                                WITH
                 CIVIL APPLICATION NO. 6962 OF 2026
               IN X-OBJST/19296/2026 IN FA/1346/2012

 RAMLAL GANESH TIWARI DIED THROUGH LEGAL HEIRS VIDYA AND ANR.
                                  VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, LATUR AND ORS.
                                     …
 Advocate for Appellants/acquiring body : Mr. Manish N. Navandar , Mr. S.V.
                     Gundre and Mrs. Tanvi S. Gundre.
               AGP for Respondents/State : Mr. A.M. Phule
  Advocate for Respondents/original claimants : Mr. S.S. Manale, Mr. S.V.
                         Gundre, Mr. Fayaz K. Patel
                                     ...

                          CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                                           FA 1345/12 & Ors.
                                      3

                           Dated          : September 07, 2026

PER COURT :-

1.    Before proceeding to decide the appeals on merits, as there was

delay in filing the cross objections filed by the original claimants, it is

necessary to consider the applications filed for condonation of delay in filing

the cross objections. The learned counsel for the original claimants/cross

objectioners submits that acquiring body has challenged the award passed

by the reference court by filing the present first appeals, those appeals were

already admitted by this Court on 1.10.2012. In para 3, 4 and 5 of the

applications, the reasons are given by the original claimants for condonation

of delay. As the acquisition proceedings arise out of same notification, from

same project and lands are acquired from the same village, reasons given in

CA No. 8827/2026 are reproduced below :-

          “3.    The father of the applicants, namely Rambler, was
          looking after the affairs of the first appeal. After the
          judgment passed by the reference court, the appeal could
          have been filed immediately but Ramlal, fell sick and
          ultimately he died in the year on 25-02-2014. Thereafter the
          applicants were brought on record as his legal heirs. The
          applicants also could not file the appeal because the financial
          condition of the applicant was not sound. Much of
          compensation, withdrawn from this honourable court, was
          utilized, for the treatment of Ramlal.

          4.     In the month of April 2026 the advocate for the
          applicants informed the applicants that in other first appeals
          this honourable court has awarded market value at the rate
          of Rs. 123 per sq ft. The applicant's land is also acquired by
          the same notification for the same purpose as in those first
          appeals. On the ground of parity the applicant is entitled for
          the same rate of compensation.

          5.    The applicants state that right to property is
          recognized as a human right and the applicants are entitled
          to receive just and fair compensation for the acquired land.
                                                          FA 1345/12 & Ors.
                                     4

          The appeal filed by the acquiring body is pending for the last
          14 years. This honourable court will be deciding the just and
          fair compensation payable to the applicants in the appeal
          filed by the acquiring body. The applicants are not paid the
          entire compensation awarded by the reference court by the
          impugned judgment and award in the first appeal. The
          applicants have received part payment, that too on
          furnishing security. The appeal filed by the acquiring body is
          not heard till today. The subject matter of the cross-
          objection filed by the applicants is also the just and fair
          market value of the acquired land.”

2.    The acquiring body filed reply to the said delay condonation

applications by contending that the original claimants have already served

in the appeals filed by the acquired body and as per Order 41, Rule 22 of

the Civil Procedure Code, the claimants are required to file cross objections

within one month from the date of service in the appeal, but there was huge

delay of 14 years in filing the cross objections and therefore, this Court

should not condone the delay. Mr. Navandar, learned counsel submits that

as the claimants have already appeared in the first appeals filed by the

acquiring body and they were represented through the counsel and in spite

of that they filed cross objections after 14 years. He further submits that

after getting knowledge that compensation was enhanced by the coordinate

bench of this court, subsequently the cross objections are filed to get

enhanced compensation. In support of the above contentions, he placed

reliance on the law laid down by the Division Bench of this Court in the case

of Oil and Natural Gas Corporation Vs. Punjsons Pvt. Ltd. reported in 2008

(6) BCR 641 and contended that if the application for delay condonation is

allowed, which needs to be filed within one month after the service of notice

in first appeal, it will cause burden on public exchequor. Therefore, this

Court should reject the applications filed for condonation of delay in filing
                                                           FA 1345/12 & Ors.
                                      5

the cross objections.

3.    After hearing the learned counsel for respective parties, I have gone

through the order dated 16.4.1926 passed by the coordinate bench of this

Court in First Appeal No. 185/2010 (Deputy Chief Engineer (C) Vs. Maruti

Bapurao Pawar and others) and other connected matters in which the cross

objections were filed without any delay and therefore, the division bench

has rightly considered that if the cross objections were filed by the original

claimants within one month from the date of service in appeals, then only

the claimants need to file application for delay condonation. Here in the

present cases, the cross objections were filed by accompanying the

applications for condonation of delay. The acquiring body has already filed

the present appeals before this court. Therefore, considering all above, this

Court holds that the land acquisition proceedings are beneficial legislation,

therefore, the delay caused in filing the cross objections needs to be

condoned subject to condition that for the delayed period the claimants are

not entitled to any statutory benefits/interest. Therefore, the delay caused

in filing the cross objection is condoned subject to condition that the

claimants are not entitled to interest and statutory benefits under the Act

for the delayed period i.e. after one month of service in the appeals filed by

the acquiring body till today.

4.    As far as the first appeals filed by the acquiring body and the cross

objections filed by the original claimants are concerned, the same arise out

of acquisition proceedings initiated in the year 1996. Hence, heard finally

with the consent of the learned counsel for the respective parties.

5.    By these appeals, the appellants/acquiring body assail the judgment

and award dated 14.3.2012 passed by the learned 2 nd Jt. Civil Judge, Senior
                                                                     FA 1345/12 & Ors.
                                              6

Division, Latur in LAR Nos. 552, 553, 554 and 555 of 2000, whereby the

reference court has enhanced the compensation at the rate of Rs. 70/- per

sq. ft. In these appeals, the cross objections were filed by the claimants and

there was delay in filing those cross objections, which was condoned by this

Court today.

6.     The details of the acquired lands, first appeals and compensation

granted by the reference court are as under :-


First Appeal     First Appeal      LAR No.    Gat   Area       Compensa-    Awarded by
filed            filed by                     No.              tion awarded Reference
by Claimants     Acquiring body.                               by LAO       court
For
Enhancement
Cross Obj. st.   FA 1345 of 2012   552/2000   83    44 R.      127/- per Sq.     70/- per sq. ft
no.                                                            mtr
19296 of 2026
Cross Obj. st.   FA 1346 of 2012   553/2000   83    3700 sq mtr As above         As above
no.                                                 (NA
19299 of 2026                                       permission)
Cross Obj. st.   FA 1348 cf 2012   554/2000   8     51 R       As above          As above
no.
19302 of 2026
Cross Obj. St    FA 1347 cd 2012   555/2000   82    58 R       As above          As Above
no.
4059 of 2024


7.     The lands of the claimants mentioned above were acquired for the

purpose of expansion of Broad-gauge railway line Miraj Kurudwadi Latur to

Latur Road at village Arvi, Taluka and Dist. Latur. Notification under section

4 of the Land Acquisition Act was published on 19.10.1995. The learned

Special    Land    Acquisition     Officer    (SLAO)    has   passed       the    award        on

31.01.1999 and awarded compensation at the rate of Rs.127/- per sq. mtr.

Being dissatisfied with the award of the SLAO, the claimant filed an

application before the Collector for referring the matter under section 18 of

the Act for proper determination of the market value of the acquired land.

The learned reference court after going through the evidence and examining
                                                          FA 1345/12 & Ors.
                                      7

the record, enhanced the compensation at the rate of Rs. 70/- per sq. ft.

Being dissatisfied with the same, the present first appeals as well as cross

objections are filed.

8.    Mr. Manish N. Navandar, learned counsel for acquiring body submits

that before the reference court, the claimants relied upon the sale instance,

Exh. 23, dated 19.1.1996 by which 2000 sq. ft. area of plot situated at Gat

No. 105 was sold for consideration of Rs.4,10,000/- i.e. Rs.205/- per sq. ft.

The claimants have claimed enhanced compensation at the rate of Rs.100/-

per sq. ft. The learned reference court by applying 30% standard

deductions as per the rate claimed by the claimants has determined the

compensation at the rate of Rs.70/- per sq. ft. Mr. M.N. Navandar, learned

counsel for acquiring body vehemently submits that as this sale instance is

in respect of the small piece of land and huge area of the lands were

acquired for the above project, it is unsafe to rely upon the same. He

therefore, submits that the learned reference court ought not to have relied

upon the above sale instance. In support of his above contentions he placed

reliance on following judgments, which are as under :-

          (i)     State of Hryana Vs. Ram Singh, AIR 2001 SC 2532.

          (ii)  Special Land Acquisition Officer, Karnataka Housing
          Board Vs. P.M. Mallappa, LEX (SC) 1997 3 119.

          (iii)   R.P. Singh V. Union of India, AIR 2005 SC 4189.

          (iv) Hookiyar Singh Vs. Special Land Acquisition Officer,
          Moradabad, AIR 1996 SC 3207.

          (v)   State of Maharashtra Vs. Digamber Tandale, 1996 (2)
          JT 528.

          (vi) Pitamber Hemlal Badgujar Vs. Sub Divisional Officer,
          Dhule, AIR 1996 SC 3117

          (vii)   State of Orissa Vs. Brij Lal Mishra etc. 1995 AIR SCW
                                                          FA 1345/12 & Ors.
                                      8

          3993.

          (viii) Basant Kumar and Ors. Vs. Union of India & Ors.,
          1996 (11) SCC 542.

9.    Mr. Navandar, learned counsel appearing for the appellants/acquiring

body submits that the learned reference court has committed erred by

relying upon the above sale instance which is for the small piece of land and

the learned reference court has not recorded any reasons as to how the

reference court come to the conclusion to grant such rate for the acquired

lands and only because claimants have claimed rate of Rs.100/- per sq. fts,

the reference court by deducting 30% amount has determined the rate

which was exorbitant and excessive. He further submits that if such order is

maintained it will cause huge burden on public exchequer and ultimately it

is nothing, but wastage of money and prayed to allow the appeals filed by

the acquiring body.

10.   Per contra, the learned counsel appearing for respective original

claimants tendered across the bar the copy of the order passed by the

coordinate bench of this Court in First Appeal Nos. 185/2010 (supra) and

contended   that   the   coordinate   bench   has   already   enhanced   the

compensation at the rate of Rs. 123/- per sq. ft. and in the present matters

also, the date of notification, purpose for the acquiring lands is the same

and the lands acquired were from the same village and therefore, the

claimants are also entitled to receive the compensation as was granted in

FA No. 185/2010 (supra). They further submit that once the claimants relied

upon the sale instance of 1996 the rate comes to Rs.205/- per sq. ft.,

however, as the claimants claimed rate of Rs.100/- per sq. fts, therefore,

the learned reference court after applying 30% deductions has granted
                                                                 FA 1345/12 & Ors.
                                       9

compensation at the rate of Rs.70/- per sq. ft. and therefore, in view of the

above judgment of the coordinate bench, the compensation granted by the

reference court is very meager and therefore, they pray to grant the rate

which was granted in FA No.185/2010 (supra) by the coordinate bench of

this Court.

11.   Mr.     M.N.   Navandar,   learned   counsel   for   the     acquiring   body

controverted to the above submissions made by the learned counsel for the

original claimants by contending that though the village is the same, there

were two different notifications and two different awards were passed and

therefore, the order passed by the coordinate bench of this Court cannot be

made applicable and therefore, this court may take a different view as the

order passed by the other coordinate bench is not binding upon this Court.

12.   Having heard the learned counsel for the respective parties, with their

assistance I have gone through the record and proceedings and the

impugned judgment and award of the reference court as well as the SLAO.

Section 4 notification came to be published in the present matters on

19.10.1995. As per the award the notification under section 4 was published

on 11.2.1996 in the village. After going through the judgment and award

passed by the SLAO, I find that in the said order, some incorrect dates are

mentioned about passing of the award. But after going through the same,

the land from village Arvi were acquired by the acquiring body by issuing

section 4 notification on 11.2.1996 and only one award was passed and

therefore, common judgment and award was passed.

13.   Considering the arguments advanced by the learned counsel for the

claimants, one thing needs to be taken into consideration that before the

reference court the same sale instance was relied upon and the coordinate
                                                           FA 1345/12 & Ors.
                                     10

bench after going through the same sale instance of 1996 has determined

the compensation and the rate comes to Rs.123/- per sq. ft. though the

sale instance is for small piece of land. But on perusal of the order of the

coordinate bench of this Court, it is seen that the coordinate bench has not

applied the sale instance as it is, considering the fact that the same is for

small piece of land, the coordinate bench of this Court by applying 40%

deductions determined the market rate of acquired lands in those matters

and determined market value of the acquired lands at the rate of Rs.123/-

per sq. ft. Therefore, in view of the above facts and considering that the

present matters also arise out of the same award, from the same

notification, for the same purpose and from the same village and the

coordinate bench has determined the compensation as mentioned above,

therefore, to maintain judicial discipline, this Court is of the view that the

order passed by the coordinate bench needs to be considered here in the

present cases to determine the correct market value of the acquired lands.

Therefore, considering the above, I find that there is no reason to consider

the appeals filed by the acquiring body as once the coordinate bench

enhanced the compensation for the same project, there is no scope to

consider the appeals filed by the acquiring body. Hence, the first appeals

filed by the acquiring body are devoid of merits and the same needs to be

dismissed. Hence, I proceed to pass the same order as was passed in FA

No. 185/2010 (supra) by the coordinate bench of this court, which is as

under :-

                                  ORDER

I.    The first appeals filed by the acquiring body are dismissed.

II.   Cross-objections filed by the claimants are partly allowed.
                                                              FA 1345/12 & Ors.
                                        11

III.     The impugned judgment and award dated 14.3.2012 partly set aside

and modified as under:

(a)      The claimants are entitled to compensation @ Rs.123/- per sq. ft. for

their acquired lands, including the earlier compensation awarded and

received by them, along with all statutory benefits like interest, component

and solatium etc., as per the provisions of the Land Acquisition Act, 1894.

IV.      It is clarified that the claimants are not entitled to the interest and

other statutory benefits 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 statutory benefits like

interest, component and solatium etc., in this Court 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.



                                             ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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