Bombay High Court

NIVRUTTI RAMJI GUNALE (SINCE DECEASED) THROUGH HIS LEGAL REPR. MAHADEO AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that the controversy is identical to that decided in FA No. 526/2011 and accordingly allowed the appeals in part, granting enhanced compensation and interest under Section 34.

Summary

The appellants challenged the award dated 11 June 2008 in land acquisition proceedings initiated in 1996, seeking higher compensation for their semi‑irrigated lands. They argued that the controversy was identical to that decided in FA No. 526/2011 (Kishor Bhujangrao Kulkarni v. State of Maharashtra) and thus should be decided on the same basis. The respondents conceded this position. The Court held that the matters were indeed the same and partially allowed the appeals, granting an enhanced compensation of Rs 1,50,000 per hectare and interest under Section 34 from 30 March 1999, following the Full Bench precedent in State of Maharashtra v. Kailas Shiva Rangari (2016). The remainder of the lower court’s order was confirmed and pending civil applications were disposed of.

Issues considered

Whether the present appeals are covered by the earlier judgment in FA No. 526/2011.
Whether the appellants are entitled to enhanced compensation for semi‑irrigated lands.
Whether interest under Section 34 is payable from the date of award.

Legislation cited

Land Acquisition Act, 1894 — s. 34

Subjects

land acquisition
compensation enhancement
interest under Section 34
precedent
appellate jurisdiction
full bench decision

Judgment

2026:BHC-AUG:37027

FA 150/09 & Anr.
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

49 FIRST APPEAL NO. 150 OF 2009

NIVRUTTI RAMJI GUNALE (SINCE DECEASED) THROUGH HIS LEGAL REPR.
MAHADEO AND ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 149 OF 2009

MANDUBAI NIVRUTTI GUNALE THR LRS NIVRUTTI SINCE DECEASED THR
HIS LEGAL REPR. MAHADEO.
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
Advocate for Appellants : Mr. V.D. Gunale
AGP for Respondents 1 to 3 in both matters : Mr. S.G. Sangle
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 17, 2026

PER COURT :-

1. As the acquisition proceeding were initiated in the year 1996, heard

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

2. The present appeals arise out of the judgment and award dated

11.6.2008 passed by the learned Ad-hoc District Judge-3, Latur in LAR Nos.

983/2001 and 78/2001.

3. The learned counsel for the appellants has tendered across the Bar a

copy of the judgment and order dated 10th July 2026 passed by this Court in

FA Nos. 525/2011 (Kishor Bhujangrao Kulkarni Vs. The State of

Maharashtra) and connected matter. He submits that the lands of the

appellants were acquired under the same notification and for the same

project as involved in the abovementioned appeals. It is, therefore,

contended that the controversy involved in the present appeal is squarely
FA 150/09 & Anr.
2

covered by the judgment and order dated 10.07.2026 passed in FA No.

526/2011 (supra), and consequently, the present appeals deserve to be

disposed of in terms thereof.

4. The learned A.G.P. appearing for respondent Nos.1 to 3 fairly

concedes the aforesaid position.

5. Having considered the submissions advanced by the learned counsel

for the respective parties, and in view of the admitted position that the

controversy involved in the present appeals is identical to the one decided

by this court in FA No. 526/2011 (supra), I see no reason to take a different

view. The present appeals, therefore, deserve to be disposed of in terms of

the said judgment and order. Hence, the following order:

ORDER

i. Both the appeals are partly allowed.

ii. The Appellants-claimants be granted enhancement of compensation

@ Rs.1,50,000/- for semi irrigated lands.

iii. The Appellants-claimants are entitled to interest under Section 34

from the date of award i.e. 30th March 1999 in accordance with the

law laid down by Full Bench of this Court in State of Maharashtra vs.

Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457.

iv. Rest of the order of the learned Reference Court stands confirmed.

v. Award be drawn up accordingly.

vi. Pending Civil Applications, if any, stand disposed of.

( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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