REKHABAI BALKRUSHNA PATILversusTHE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT (HATNOOR)(1), JALGAON AND ANOTHER

2026:BHC-AUG:37361

                                                                        FA 1634/14 & Ors.
                                                   1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               1 FIRST APPEAL NO. 1634 OF 2014
                                            WITH
                     CIVIL APPLICATION NO. 13828 OF 2019 IN FA/1634/2014

                                    SATISH PANDIT PATIL
                                          VERSUS
                 THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT
                            (HATNOOR)(1), JALGAON AND ANOTHER
                                             ...
                                           WITH
                               FIRST APPEAL NO. 1372 OF 2016
                                           WITH
                    CIVIL APPLICATION NO. 13829 OF 2019 IN FA/1372/2016

                                  REKHABAI BALKRUSHNA PATIL
                                               VERSUS
                 THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT
                             (HATNOOR)(1), JALGAON AND ANOTHER
                                                 ...
                  Advocate for Appellant : Mr. D.M. Kakade h/f. Mr. H.P. Kshirsagar
                            AGP for Respondent/State : Mr. S.S. Dande
                         Advocate for respondent No. 2 : Mr. S.S.Chillarge
                                                  …

                                 CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                 Dated         : August 17, 2026

            PER COURT :-

            1.    As the acquisition proceedings were initiated in the year 2005, heard

            finally with the consent of learned counsel for respective parties.

            2.    By these appeals, the appellants/original claimants assails the

            judgment and award dated 18.9.2012 passed by the learned Civil Judge,

            Senior Division, Amalner, Dist. Jalgaon in LAR No. 11/2009 and 10/2009 for

            further enhancement.

            3.    The lands of the claimants admeasuring 61 R. from Gat No. 76/2P in

            LAR No. 10/2009 and 42 R. from Gat No. 76/1P in LAR No. 11/2009

            situated at villge Dhupe/Vichkheda, Taluka Chopada, District Jalgaon were
                                                           FA 1634/14 & Ors.
                                      2

acquired for Rehabilitation of village Dhupe Gavthan. Notification under

section 4 of the Land Acquisition Act was published on 24.3.2005.

Declaration under section 6 was published on 5.1.2006. The Special Land

Acquisition Officer (SLAO) has declared the award on 28.11.2007 and

awarded compensation at the rate of Rs.1,87,000/- per H. Being dissatisfied

with the same, the original claimants preferred the above references under

section 18 of the Act. After going through the material available, the learned

reference court enhanced the compensation at the rate of Rs.2,70,000/- per

H. Being aggrieved, the original claimants filed the present appeals.

4.    Mr. D.M. Kakade h/f. Mr. Kshirsagar, learned counsel appearing for the

appellants/original claimants relied upon the judgment and order passed by

the Civil Judge, Senior Division, Amalner in LAR No. 150/2013 dated

26.2.2015 and contended that claimants from LAR No. 150/2013 are from

the same village and from the same Gat number land was acquired and the

reference court has granted compensation at the rate of Rs.100/- per Sq.

Mtrs. and pursuant to the order passed in LAR No. 150/2013 the acquiring

body has paid entire amount and taken a decision not to challenge the

same. Though the appellant has not placed on record any decision to that

effect, when this was asked to learned counsel Mr. S.S. Chillarge appearing

for acquiring body, he submits on instruction from the Corporation that

Corporation has already accepted the order passed in LAR No. 150/2013.

5.    The learned counsel for the appellant submits that even pursuant to

the order passed in LAR No. 150/2013 the claimants have already

withdrawn the entire amount. The above statement is accepted as the same

was not controverted by the learned counsel for acquiring body. Therefore,

considering the above, in the present appeals also, as the lands were
                                                                FA 1634/14 & Ors.
                                          3

acquired from the same Gat number, I am inclined to allow the present

appeals partly and enhance the compensation at the rate of Rs.100/- per

Sq. Mtrs. as was granted in Lar No. 150/2013. Hence, I pass the following

order.

                                     ORDER

(I)      The appeals are partly allowed.

(II)     The claimants are entitled to receive compensation at the rate of

Rs.100/- per Sq. Mtrs. for their acquired lands.

(III)    The appellants/claimants are entitled to interest and other statutory

benefits strictly in accordance with the law laid down by the Full Bench of

this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari,

2016 (4) Mh.L.J. 457.

(IV)     The impugned judgment and award of the reference court is modified

accordingly.

(V)      Pending civil applications, if any, are also disposed of.



                                              ( SIDDHESHWAR S. THOMBRE, J. )

ssc/