Bombay High Court

RAJARAM BABURAO @ BAPURAO AVCHAR AND ORSversusTHE STATE OF MAHARASHTRA, THROUGH, COLLECTOR JALNA AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The appeal is partially allowed; appellants receive Rs.3,515 per are for dry land and interest under Sections 28 and 34 of the Land Acquisition Act, 1894, but no other statutory benefits for the delayed period.

Summary

The appellants challenged a 2014 award for land acquired for the Nimna Dudhana project, seeking a higher compensation based on the parity principle. The land, classified as dry, was originally awarded at Rs.565 per are, with a notification under Section 4 dated 07.10.1999. Relying on the Supreme Court’s consistent view in Pralhad Annasaheb Nirwal (2025) and the full bench decision in State of Maharashtra v. Kailash Shiva Rangari (2016), the court examined the appropriate rate and interest entitlement. It held that the appellants are entitled to a revised rate of Rs.3,515 per are for dry land and interest under Sections 28 and 34 of the Land Acquisition Act, 1894, but not other statutory benefits for the delayed period. The appeal was partially allowed, modifying the award accordingly while leaving the rest of the impugned judgment unchanged.

Issues considered

Whether the parity principle applies to enhance compensation for the acquired dry land
Whether the appellants are entitled to escalation interest for the period between acquisition and award
Determination of the appropriate compensation rate for dry land under the Nimna Dudhana project
Entitlement to interest under Sections 28 and 34 of the Land Acquisition Act, 1894

Legislation cited

Land Acquisition Act, 1894 — s. 28, 34, 4

Subjects

land acquisition
compensation
parity principle
escalation
interest
Land Acquisition Act
dry land
Nimna Dudhana project

Judgment

2026:BHC-AUG:4325

(1) 40 FA 142 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

40 FIRST APPEAL NO. 142 OF 2026

RAJARAM BABURAO @ BAPURAO AVCHAR AND ORS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR JALNA AND ORS
...
Mr. V. D. Bhise h/f. Mr. A. H. Koralkar, Advocate for Appellants
Mr. S. N. Morampalle, AGP for Respondent Nos.1 and 2
Mr. Ruturaj Patil, Advocate for Respondent No.3/acquiring body
…

CORAM : SHAILESH P. BRAHME, J.
DATE : 28.01.2026

PER COURT :-
. Heard both sides.

2. Appellants are challenging judgment and award dated 27.10.2014

passed in LAR No.487/2010. They are claiming enhancement of the

compensation and the benefit of escalation on the ground of parity. For that

purpose, reliance is placed on consistent view being taken by this Court in

numerous matters. One such elaborate judgment is passed in the matter of

Pralhad Annasaheb Nirwal vs. State of Maharashtra and others in First Appeal

No.1778 of 2024 with connected matters on 11.12.2025.

3. Learned counsel for the respondents would oppose the

submissions. It is submitted that the ground of parity is not attracted in the
(2) 40 FA 142 OF 2026

appeal. Appellants have failed to make a case for enhancement and the appeal

is liable to be rejected.

4. In the present case, the land from village Vidoli, Taluka Mantha,

District Jalna has been acquired for ‘Nimna Dudhana’ project. The land has

been classified as dry land. The classification has not been disputed by both

the parties. The notification under Section 4 was issued on 07.10.1999 which

is relevant for determining the escalation.

5. Following are the material particular of the appeal :

FA No. LAR No. Gut Total Notification Award u/s. SLAO Ld. Type of land Ld. Reference
No. Acquired u/s.4 11 date rate as Reference Court awarded
area per Court
award enhanced
rate per R
Jirayat Semi Irrigated
irrigated
142/2026 487/2010 94 02H 30R 07.10.1999 24.06.2002 Rs.565/- 1,300/- dry 02H 30
per R for land R
jirayat

6. This Court has taken consistent view in the matter of acquisitions

of lands from cluster of villages for ‘Nimna Dudhana’ project. After considering

all aspects of the matter, rate of Rs.2,500/- per Are for Jirayat land Rs.3,750/

per Are for Semi irrigated land, Rs.5,000/- for per Are irrigated land and

Rs.1,250/- per Are for pot kharab land have been arrived at. The benefit of

escalation has also been granted in numerous cases. Present case is squarely

covered by one such common judgment of Pralhad Annasaheb Nirwal (supra).
(3) 40 FA 142 OF 2026

Appellants are entitled to receive rate of Rs.3,515/- per Are for dry land and

escalation for 3 years 7 months 7 days years at the rate of 10% per annum.

The payment of interest shall be governed by the decision of full bench in

State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]. I,

therefore, pass following order :

ORDER

a. First Appeal is allowed partly.
b. The appellants shall be entitled to receive rate of
Rs.3,515/- per Are for dry land.
c. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period.
d. The appellants shall be entitled to the interest under
Section 28 and 34 of the Land Acquisition Act, 1894 as per full
bench judgment of State of Maharashtra Vs. Kailash Shiva
Rangari [2016 AIR (Bom.)141].
e. Save and except above modification, the impugned
judgment and award shall stand unaltered.
f. Record and Proceeding be sent back to the Reference
Court.
g. The appellants shall pay deficit court fees.
h. Award be drawn accordingly.

( SHAILESH P. BRAHME, J. )
PRW

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