Bombay High Court

MANDODARI W/O BHAGARAM AKATversusTHE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS

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

Holding

The appeal is partially allowed; compensation is fixed at Rs.2,250 per Are for dry land, Rs.4,500 per Are for irrigated land, and Rs.1,125 per Are for pot‑kharab land, with interest under Sections 28 and 34 from the date of the final award, but no interest for the delayed period.

Summary

The appellants, owners of land acquired from village Satona, challenged the compensation awarded by the Reference Court, which fixed Rs.1,200 per Are for dry land and Rs.1,800 per Are for irrigated land based on a Section 4 notification dated 15 December 1994. They sought the higher standard rate of Rs.2,500 per Are, relying on later judgments where the notification was issued on 31 March 1996. The Court held that the earlier notification precludes application of the later standard rate, but applied a 10% uplift to the Rs.2,500 figure, fixing compensation at Rs.2,250 per Are for dry land, Rs.4,500 for irrigated land, and Rs.1,125 for pot‑kharab land. Interest under Sections 28 and 34 of the Land Acquisition Act, 1894, was awarded from the date of the final award, following State of Maharashtra v. Kailas Shiva Rangari (2016). No interest or statutory benefits were granted for the period of delay. The appeal was partially allowed and the award was modified accordingly.

Issues considered

Whether the appellants are entitled to the enhanced compensation rate of Rs.2,500 per Are despite the earlier Section 4 notification of 1994.
Whether judgments based on a 1996 notification are applicable to cases with a 1994 notification.
Determination of interest payable under Sections 28 and 34 of the Land Acquisition Act, 1894.
Entitlement to statutory benefits for the period of delay in payment.

Legislation cited

Land Acquisition Act, 1894 — s. 11, 28, 34, 4

Subjects

land acquisition
compensation rate
Section 4 notification
interest under Land Acquisition Act
statutory benefits
appeal
dry land
irrigated land

Judgment

2026:BHC-AUG:3100

(1) 902 FA 94 OF 2022+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

902 FIRST APPEAL NO. 94 OF 2022

FULABAI KISHAN AKAT DIED THR LRS DAMODHAR DIED THR HIS LRS
KALIDAS AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

WITH
FIRST APPEAL NO. 93 OF 2022

DAMODHAR TATERAO AKAT DIED THR HIS LRS KALIDAS DAMODHAR
AKHAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
903 FIRST APPEAL NO. 1480 OF 2022

MANDODARI W/O BHAGARAM AKAT
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS
AND
904 FIRST APPEAL NO. 2214 OF 2022

MAHADEO BHAGARAM AKAT
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS
...
Mr. K. B. Jadhav, Advocate for Appellants in all matters
Mr. S. N. Morampalle and Mr. N. D. Raje, AGP for Respondent-s/State in
respective matters
Mr. Anand Chawre, Mr. N. L. Jadhav, Advocate for Acquiring Body in
respective matters
…

CORAM : SHAILESH P. BRAHME, J.
DATE : 23.01.2026
(2) 902 FA 94 OF 2022+

PER COURT :-
. Taken up for final disposal with the consent of the parties.

2. Appellants have approached this Court challenging judgment and

award passed by the Reference Court. They are claiming enhancement in the

rate relying on certain judgments.

3. The respondents would contest the appeals mainly on the ground

that notification under Section 4 was issued on 15.12.1994. The rate of

Rs.2500/- per Are was fixed in previous matters considering the notification

issued on 31.03.1996. It is further contended that rate of Rs.2500/- was

adopted from award of Lok Adalat, which cannot be made applicable in the

present case.

4. Following are the material particulars of the matters :

F.A.No. L.A.R.No. Gut Total Date of Date of SLAO Referen Classification of land Acquired area
No. Area notification notification awarde ce in Are
u/s. 4 u/s. 11 d rate Court
per Are enhanc
ed rate
per Are
Dry Semi Irrigated Pot
Land Irrigated khara
b
94 OF 15/2004 497 2-H, 18-R 15.12.1994 22.12.1998 Rs.320/ Rs.1200 2-H, 03-R
2022 0.03 PK - /- (For 18-R
Fulabai Dry
Kishan Land)
Akat Died
Thr Lrs
93 OF 09/2004 497 2-H, 18-R 15.12.1994 22.12.1998 Rs.320/ Rs.1200 2-H, 03-R
2022 0.03 PK - /- (For 18-R
Damodhar Dry
Taterao Land)
Akat Died
Thr lrs
1480 of 10/2003 142 1-H, 98-R 27.09.1994 22.12.1998 Rs.327/ Rs.1200 98-R 1-H
(3) 902 FA 94 OF 2022+

2022 - /- (For
Mandodari Rs.490. Dry
50 Ps Land)
Rs.1800
/- for
irrigate
d land
2214 OF 66/2001 141 1-H, 90-R 27.09.1994 22.12.1998 Rs.327/ Rs.1200 01-H 98-R
2022 - /- (For
Mahadeo Rs.490. Dry
50 Ps Land)
Rs.1800
/- for
irrigate
d land

5. The lands of the appellants were acquired from village Satona and

the notification under Section 4 was issued on 15.12.1994 in two appeals and

27.09.1994 in remaining appeals. The Reference Court awarded rate of

Rs.1200/- per Are for dry land and Rs.1800/- per Are for irrigated land. This

Court has taken a consistent view relying upon the rates fixed in the matters

of acquisition of the lands from village Satona. In that case, notification under

Section 4 was issued on 31.03.1996 and Rs.2500/- per Are for dry land is

fixed. In the case at hand, the notifications are issued prior to 31.03.1996.

Hence, the appellants are not entitled to claim the rate of Rs.2500/- per Are or

any escalation. The reliance placed by the learned counsel for the appellants

on various judgments is of no avail.

6. The rate of Rs.2500/- per Are for dry land is treated to be the

standard rate. I propose to deduct 10% because the notification in the case at

hand is earlier in time. The rate comes to Rs.2250/- per Are for dry land.

Consequentially for irrigated land, it would be double Rs.4500/- per Are and
(4) 902 FA 94 OF 2022+

for pot kharab, it would be Rs.1125/- per Are.

7. I, therefore, pass following order :

ORDER

a. First Appeals are allowed partly.
b. Appellants shall be entitled to receive rate of Rs.2250/- per
Are for dry land, Rs.4500/- per Are for irrigated land and
Rs.1125/- per Are for pot kharab land.
c. Appellants shall be entitled to interest under Section 28 and
34 of the Land Acquisition Act, 1894 is payable from the date of
final award as per the judgment the State of Maharashtra vs. Kailas
Shiva Rangari reported in 2016(4) All MR 513.
d. Appellants shall not be entitled to receive interest and
statutory benefits for the delayed period.
e. Save and except above modification, impugned judgment and
award shall stand unaltered.
f. Appellants shall pay the deficit court fees.
g. Award be drawn up accordingly.
h. Record and Proceeding shall be sent back.

( SHAILESH P. BRAHME, J. )
PRW

Continue reading with your account

Checking your session…