Bombay High Court
JUBEDABI ABDUL KADAR SHAIKH (DIED) THR LRS. ABDUL RAHIM ABDUL KHADAR AND ORSversusTHE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, NANDED AND OTHERS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeal is partly allowed; compensation is fixed at Rs 2,723 per R for non‑irrigated land with statutory benefits and interest as per Section 34.
Summary
The appellants, owners of 1 hectare 51 R of agricultural land acquired for the Lendi Project, challenged the compensation awarded under the Land Acquisition Act, 1894. The Civil Judge had fixed Rs 67,230 per hectare, which the Reference Court enhanced to Rs 82,230 per hectare. The appellants sought further enhancement on the parity principle, relying on earlier High Court orders that fixed a rate of Rs 2,723 per R for non‑irrigated land. The Court, after considering the prior judgments and the nature of the land as dry (non‑irrigated), partly allowed the appeal and fixed compensation at Rs 2,723 per R, granting statutory benefits and interest under Section 34 of the Act. The acquiring authority was directed to deposit the enhanced amount within six months, and the appellants were to deposit any deficit court fees.
Issues considered
- Whether the compensation for land acquired under the Land Acquisition Act can be further enhanced on the parity principle based on prior case law.
- Whether the rate of Rs 2,723 per R for non‑irrigated land is applicable to the appellants' land.
- Whether the appellants are entitled to statutory benefits and interest under Section 34 of the Land Acquisition Act, 1894.
- Whether delay‑related statutory benefits should be denied.
Legislation cited
- Land Acquisition Act, 1894 — s. 34
Subjects
- land acquisition
- compensation enhancement
- parity principle
- non‑irrigated land
- statutory benefits
- interest under Section 34
- High Court judgment
Judgment
2026:BHC-AUG:41244
1
905-fa-1588-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1588 OF 2023
Jubedabi w/o Badul Kadar Shaikh (died)
Through LRs.
1. Abdul Rahim s/o Abdul Khadar,
Age: 68 years, Occu: Agri.
2. Abdul Majid s/o Abdul Khadar
Age: 62 years, Occu: Agri.
3. Abdul Samad s/o Abdul Khadar
Age: 47 years, Occu: Agri.
Claimant Nos.1 and 2 through their G.P.A. holder,
Claimant No.3.
All are R/o: Ravangaon,
Tq. Mukhed, Dist. Nanded.
At Present, R/o Shobha Nagar,
Police Colony, Nanded.
Tq. & Dist. Nanded.
…..APPELLANTS
(Original Claimants)
VERSUS
1. The State of Maharashtra,
Through District Collector, Nanded.
2. The Special Land Acquisition Officer,
M.I.W. Nanded.
3. The Executive Engineer,
Vishnupuri Project Division No.1,
Jangamwadi, Nanded, Since, this Departmentis
abolished – at present Lendi Project Division,
Degloor, Office at Bhaktapur,
Tq. Degloor and Dist. Nanded.
…..RESPONDENTS
(Original Respondents)
______________________________________________________
Mr. S. M. Kakde, Advocate for Appellants
Mr. S. P. Sonpawale, AGP for Respondent-State
Mr. B. V. Virdhe, Advocate for Respondent no.3
______________________________________________________
2
905-fa-1588-2023
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
. Feeling aggrieved by the judgment and award dated
21.11.2009 passed by learned Civil Judge, Senior Division,
Link Court, Mukhed, in L.A.R. (New) No.66 of 2007/L.A.R.
(Old) No.54/2006 the claimants are before this court.
2. At the request of Mr. S. M. Kakde, learned advocate for
the appellants, the First Appeal is taken up for final disposal at
admission stage. The appellants were owner of agricultural
land admeasuring 1 H 51 R situated at Gut No.12/B at Mauje
Ravangaon, Tahsil Mukhed, Dist. Nanded. The said land is
acquired by respondent nos.2 and 3 for a public purpose
namely Lendi Project. It was a compulsory acquisition for the
purpose of submergence area for said Lendi Project. The entire
procedure for land acquisition was conducted as per the Land
Acquisition Act. The compensation was awarded at the rate of
Rs.67,230/- per hectare.
3. Feeling aggrieved by the deficit compensation, the
appellant lodged Land Acquisition Reference before the
reference court. After hearing the parties and scrutinizing the
evidence, compensation was granted to the appellant
3
905-fa-1588-2023
enhancing rate to Rs.82,230/- per hectare. Feeling aggrieved
thereby, present appeal is filed by the claimants.
4. The appeal is pressed for final disposal citing an order
dated 14.08.2026 passed by this court in First Appeal
No.3206 of 2009 (Anwaribegum Asifoddin Patel Vs. State of
Maharashtra and others). Mr. Kakade, learned advocate for
the appellants submits that the cited matter also arises out of
the same land acquisition proceedings which is the subject-
matter of present appeal. It is further submitted that placing
reliance on earlier order dated 18.06.2026 passed by this
court in First Appeal No.3676 of 2008 and connected matters,
this court granted enhancement to those appellants fixing the
rate as follows:-
Non-Irrigated Land Irrigated Land Semi-Irrigated Land
Rs.2,723/- per R Rs.5,446/- Per R Rs.4,084/- per R
5. It is further submitted that in the cited matter, for the
part of interest reliance is placed on the judgment rendered by
the full bench of this court in the case of State of Maharashtra
Vs. Kailas Shiva Rangari, 2016(4) All MR 513.
6. Mr. Kakade, learned advocate submits that the
appellants’ land is dry land and hence on the principle of
4
905-fa-1588-2023
parity, enhancement may be granted at the rate of Rs.2,723
per R, as is ordered in Anwaribegum Asifoddin Patel (supra).
7. Mr. B. V. Virdhe, learned advocate for respondent
no.3 fairly agrees with the submissions made by Mr. Kakade,
learned advocate for the appellants. He would not dispute
that the subject-matter land of the present appellants is not
different from the land for which this court had fixed rates by
the cited order. As such, he submits that the First Appeal may
be disposed of in terms of the cited order.
8. In view the above, I have no hesitation to allow
the appeal partly. Hence, I pass the following order:-
ORDER
I. The First Appeal is partly allowed.
II. The judgment and award dated 21.11.2009
passed by learned Civil Judge, Senior Division,
Link Court, Mukhed, in L.A.R. (New) No.66 of
2007/L.A.R. (Old) No.54 of 2006 is modified to
the following extent.
III. The appellants-claimants shall be entitled
to compensation at the rate of Rs.2,723/- per R
for non-irrigated land admeasuring 1 H 51 R
situated at Gut No.12/B at village Ravangaon,
Taluka Mukhed, District Nanded.
5
905-fa-1588-2023
IV. The appellants-claimants shall be entitled
to all consequential statutory benefits on the
enhanced compensation in accordance with the
provisions of the Land Acquisition Act, 1894.
V. The appellants - claimants shall be entitled
to interest under Section 34 of the Act, strictly in
accordance with the Full Bench decision in State
of Maharashtra vs. Kailas Shiva Rangari, (supra).
VI. The appellants - claimants shall not be
entitled to statutory benefits for the period of
delay, if any, condoned by this Court.
VII. The appellants - claimants shall deposit the
deficit court fees, if any, within a period of four
weeks from today.
VIII. The rest of the Judgment and Award passed
by the learned Reference Court stands confirmed.
IX. The acquiring body shall deposit the
amount of enhanced compensation in this court
within a period of six months from today. Upon
such deposit, the appellants are permitted to
withdraw such amount without making any
separate Civil Application.
X The modified Award be drawn accordingly.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
Checking your session…