Bombay High Court

MAHADEV PUNJARAM MUNDHEversusTHE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The Court held that the appellants are entitled to the enhanced rates of Rs 7,622 per R for semi‑irrigated land and Rs 10,162 per R for irrigated land, with interest under Sections 28 and 34 of the Land Acquisition Act, 1894.

Summary

The appellants, owners of land acquired for Percolation Tank No. 07 in Belora village, Jalna district, challenged the compensation awarded by the Special Land Acquisition Officer and enhanced by the Reference Court as inadequate. They sought higher rates on the basis of parity with a recent judgment (First Appeal No. 3304 of 2025) and the Supreme Court’s pronouncements on escalation of compensation. The respondents argued that the lands were not comparable and that no further enhancement was warranted. The Court examined the rates fixed in the earlier case, applied a 10% per‑annum escalation for two years, and held that the appellants are entitled to Rs 7,622 per R for semi‑irrigated land and Rs 10,162 per R for irrigated land, with interest under Sections 28 and 34 of the Land Acquisition Act, 1894. The Court modified the award accordingly, refusing other delayed‑period benefits.

Issues considered

Whether the appellants are entitled to enhanced compensation rates on the ground of parity with similar land acquisition cases.
Whether a 10% per‑annum escalation under Supreme Court precedent applies to the compensation awarded.
Whether interest and statutory benefits under the Land Acquisition Act, 1894 are payable to the appellants.

Legislation cited

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

Subjects

land acquisition
compensation enhancement
parity principle
escalation of compensation
interest under Land Acquisition Act
percolation tank
irrigated land
semi‑irrigated land

Judgment

2026:BHC-AUG:18427

1 46 to 49 fa 1321.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

46 FIRST APPEAL NO. 1321 OF 2025

Dnyaneshwar Sakharam Pawar .. Appellant
Versus
The State of Maharashtra, through the
Collector Jalna and others .. Respondents

Shri Shubham M. Kakde, Advocate for the Appellant.
Shri A. R. Kale, Addl.G.P. for the Respondent Nos. 1 and 2.

AND
47 FIRST APPEAL NO. 1577 OF 2025

Ashok Bajirao Mundhe .. Appellant
Versus
The State of Maharashtra, through the
Collector Jalna and others .. Respondents

Shri Shubham M. Kakde, Advocate for the Appellant.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.

AND
48 FIRST APPEAL NO. 1578 OF 2025

Mahadev Punjaram Mundhe .. Appellant
Versus
The State of Maharashtra, through the
Collector Jalna and others .. Respondents

Shri Shubham M. Kakde, Advocate for the Appellant.
Mrs. P. V. Diggikar, A.G.P. for the Respondent Nos. 1 and 2.

AND
49 FIRST APPEAL NO. 3281 OF 2025

Ganesh Namdev Mundhe .. Appellant
Versus
2 46 to 49 fa 1321.25

The State of Maharashtra, through the
Collector Jalna and others .. Respondents

Shri Shubham M. Kakde, Advocate for the Appellant.
Shri C. V. Bhadane, A.G.P. for the Respondent Nos. 1 and 2.

CORAM : SHAILESH P. BRAHME, J.
DATE : 23RD APRIL, 2026.

FINAL ORDER :

. Heard both sides. Taken up for final disposal with the
consent of the parties.

3. Appellants are aggrieved by the distinct judgments and
awards passed by the Reference Court in various land references
awarding very inadequate compensation. The enhancement is
sought on the ground of parity and especially referring to the
order dated 08.04.2026 passed in First Appeal No. 3304 of 2025
passed by this Court. The enhancement is founded on rate of Rs.
4,199/- per R for dry land, Rs. 6,299/- per R for seasonally
irrigated land and Rs. 8,398/- per R for irrigated land awarded in
the above referred first appeal.

4. First Appeals are contested by the respondents on various
grounds. It is submitted that no case is made out for further
enhancement. There is no similarity of the lands. The ground of
parity cannot be pressed into service. The appeals are liable to
be dismissed.
3 46 to 49 fa 1321.25

5. Following are the relevant details.

F.A. No. LAR No. Gut Total Notification Award u/s. SLAO rate Ld. Type of land Ld.
No. Acqu u/s.4 11 date as per Referenc Reference Court
ired award e Court awarded
area enhance
d rate
per R
Jir Se Irr Po
ay mi ig t
at irri at kh
gat ed ar
ed ab
1321/2025 822/2013 432 00H 29.05.2010 14.04.2011 Rs. 1510/- Rs. 0H
81R per R 4400/- 81
perennially per R for R
irrigated irrigated
land
1577/2025 762/2013 435 00H 29.05.2010 14.04.2011 Rs. 1250/- Rs. 0H
70R per R semi 3300/- 70
irrigated per R for R
semi
irrigated
1578/2025 767/2013 434 01H 29.05.2010 14.04.2011 Rs. 1250/- Rs. 1H
10R per R 4400/- 10
perennially per R for R
irrigated irrigated
land
13281/2025 339/2013 431 00H 29.05.2010 14.04.2011 Rs. 1510/- Rs. 0H
90R per R 2200/- 90
perennially per R for R
irrigated irrigated
land

6. The lands of the appellants from village Belora, Tq.
Mantha, Dist. Jalna stood acquired for percolation tank No. 07.
The notification U/Sec. 4 of the Land Acquisition Act was issued
on 29.05.2010. The rate awarded by the Special Land
Acquisition Officer is Rs. 1,250/- per R for semi irrigated lands
and Rs. 1,510/- per R for irrigated lands. Reference Court
enhanced the rate at Rs. 3,300/- per R for semi irrigated land and
Rs. 4,400/- per R for irrigated land by classifying the lands. The
classification of lands is not in dispute in the present appeals.

7. This Court had an occasion to deal with similar type of
4 46 to 49 fa 1321.25

acquisition from self same village in First Appeal No. 3304 of
2025. Vide order dated 08.04.2026, considering the rate fixed in
L. A. R. No. 334 of 2014, this Court fixed the rate at Rs. 4,199/-
per R for dry land and Rs. 6,299/- per R for semi irrigated land
enhanced the compensation. I have gone through the order
placed on record. The appeals are squarely covered by the view
taken by this Court. Appellants are entitled to the rate at Rs.
4,199/- per R for dry land, Rs. 6,299/- per R for seasonally
irrigated land and Rs. 8,398/- per R for irrigated land.

8. In view of the judgment of the Supreme Court in the
matters of Huchangouda Vs. Assistant Commissioner and Land Acquisition
Officer reported in (2020)19 SCC 236 and Ali Mohammad Beigh and others
Vs. State of Jammu and Kashmir reported in (2017) 4 SCC 717, they are
entitled to escalation at 10% per annum. In First Appeal No.
3304 of 2025, notification U/Sec. 4 of the L. A. Act was issued on
14.01.2008. Notification U/Sec. 4 of the L. A. Act in the present
matters is issued on 29.05.2010. In that view of the matter, they
are entitled to have escalation for two years with cumulative
effect. The rate works out to be Rs. 7,622/- per R for semi
irrigated land and Rs. 10,162/- per R for irrigated land.

9. I, therefore, pass following order.

ORDER

a. The appellants shall be entitled to receive Rs. 7,622/- per R
for semi irrigated land and Rs. 10,162/- per R for irrigated land,
5 46 to 49 fa 1321.25

considering the nature of their lands classified by the Reference
Court.

b. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period.

c. The appellants shall be entitled to receive 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
reported in [2016 AIR (Bom.)141].

d. Save and except above modification, the impugned
judgment and award shall stand unaltered.

e. Record and proceeding be sent back to the Reference Court,
if any.

f. The appellants shall pay deficit court fees, if any.

g. Award be drawn accordingly.

[ SHAILESH P. BRAHME J. ]

bsb/April 26

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