Bombay High Court
ANANDRAO SITARAM JADHAVversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- S G CHAPALGAONKAR
Holding
Compensation is to be enhanced by 70% with interest under Sections 28 and 34 payable from the date of award, but no interest or statutory benefits for the delayed period.
Summary
The appellant, Anandrao Sitaram Jadhav, appealed a 2016 judgment seeking a higher compensation for land acquired for the Lendi Major Project. The original award under Section 11 of the Land Acquisition Act was Rs.1,71,649, which the reference court had enhanced by 40%. Relying on a recent decision that enhanced compensation by 70% for similar villages, the appellant argued for parity. The High Court allowed the appeal in part, directing that the compensation be further enhanced to 70% and that interest under Sections 28 and 34 be awarded from the date of the original award, but denied interest and statutory benefits for the delayed period. The court also ordered the appellant to pay any deficit court fees and directed the award to be redrawn.
Issues considered
- Whether the appellant is entitled to the same 70% enhancement in compensation as granted to other villages in the same project (principle of parity).
- Whether interest under Sections 28 and 34 of the Land Acquisition Act is payable on the enhanced compensation.
- Whether statutory benefits and interest for the period of delay are applicable.
Legislation cited
- Land Acquisition Act, 1894 — s. 11, 28, 34
Subjects
- land acquisition
- compensation enhancement
- parity principle
- interest
- statutory benefits
- Section 11
- Section 28
- Section 34
Judgment
2026:BHC-AUG:27876
916-fa-1405-2025.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1405 OF 2025
Anandrao Sitaram Jadhav
VERSUS
The State Of Maharashtra And Ors
...
Advocate for Appellant : Ms. Laxmi Thakur h/f Mr. Patil Laxmikant C.
AGP for Respondent/State : Mr. S.R. Yadav Lonikar
Advocate for Respondent No.2 : Mr. Ms. Suvarna M. Zaware
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 10, 2026
PER COURT :-
1. Heard both sides finally with their consent.
2. Being aggrieved by judgment and order dated
22.02.2016 passed in L.A.R. No.300 of 2007, present appeal is filed
for enhancement of compensation.
3. The land of the appellant measuring 2.H. 60 R. from Gat
No.178 has been acquired from Village Bhaswadi (Itgyal), Taluka
Mukhed, District Nanded for “Lendi Major Project”. The notification
was issued on 29.01.1998. The award under Section 11 was passed
on 30.03.2003. The SLAO awarded compensation of Rs.1,71,649/- in
aggregate for land, trees and well. The Reference Court enhanced it
by 40% by impugned judgment. The appellant is claiming
enhancement by 70%.
4. Reliance is placed on common judgment dated
12.12.2025 passed in First Appeal No.257 of 2023 with connected
matters. Those were the matters in respect of acquisition of lands
916-fa-1405-2025.odt
(2)
from self-same project from village Bhingoli, Taluka Mukhed, District
Nanded. This Court enhanced the compensation by 70%. It has been
specifically recorded that cluster of villages is affected because of
project in question and lands from various villages including
Bhaswadi are acquired. On ground of parity, appellant is also entitled
to have same rate and enhancement in compensation. I, therefore,
pass following order:
ORDER
(i) First appeal is allowed partly.
(ii) The compensation granted by Reference court shall stand
enhanced to further 70%.
(iii) Save and except above modification, rest of award under
challenge shall stand unaltered.
(iv) The appellant shall be entitled to interest under Section
28 and 34 from date of award as per law laid down by Full
Bench in case of State of Maharashtra Vs. Kailash Shiva Rangari
[2016 AIR (Bom.) 141].
(v) The appellant shall not be entitled to interest and statutory
benefits for delayed period.
(vi) The appellant shall pay deficit court fees, if any.
(vii) Award be drawn accordingly.
(viii) Record and proceeding be sent back to concerned Court.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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