Bombay High Court
SHAIKH MOINODDIN S/O SHAIKH HYDER (DIED) THR LRS KHATIJA BEGUM W/O SHAIKH MOINODDINversusTHE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, NANDED AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeal is partly allowed and the compensation is fixed at Rs.2,723 per R for the appellant’s non‑irrigated land, with statutory benefits and interest as per the Land Acquisition Act, 1894.
Summary
The appellant, heir of Shaikh Moinoddin, owned 1 hectare 40 R of dry agricultural land that was compulsorily acquired for the Lendi Project. The Civil Judge initially awarded Rs.66,303 per hectare, which was later enhanced to Rs.81,303 per hectare by the reference court. The appellant appealed, arguing that, based on earlier High Court decisions, the compensation for non‑irrigated land should be fixed at Rs.2,723 per R under the principle of parity. The Court partially allowed the appeal, modifying the award to Rs.2,723 per R for the appellant’s land, granting all statutory benefits and interest under Section 34 of the Land Acquisition Act, 1894, while confirming the remainder of the earlier award. The acquiring authority was directed to deposit the enhanced amount within six months and the appellant to pay any deficit court fees.
Issues considered
- The appropriate compensation rate for non‑irrigated land acquired under the Land Acquisition Act, 1894.
- Whether the principle of parity and prior High Court rates apply to the appellant’s land.
- The entitlement to statutory benefits and interest under Section 34 of the Land Acquisition Act, 1894.
Legislation cited
- Land Acquisition Act, 1894 — s. 34
Subjects
- land acquisition
- compensation enhancement
- non‑irrigated land
- parity principle
- statutory benefits
- interest under Section 34
- Land Acquisition Act 1894
Judgment
2026:BHC-AUG:41245
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906-fa-1613-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1613 OF 2023
Shaikh Moinoddin s/o Shaikh Hyder (died)
Through L.Rs.
Smt. Khatija Begum w/o Shaikh Moinoddin
Age: 76 years, Occu: Agri,
R/o Ravangaon, Tq. Mukhed,
District: Nanded.
…..APPELLANT
(Original Claimant)
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. K. B. Jadhavar, AGP for Respondent-State
Mr. B. V. Virdhe, Advocate for Respondent no.3
______________________________________________________
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
. Feeling aggrieved by the judgment and award dated
14.01.2009 passed by learned Civil Judge, Senior Division,
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Kandhar, in L.A.R. (New) No.488 of 2007/L.A.R. (Old)
No.01/2007 the claimant is before this court.
2. At the request of Mr. S. M. Kakde, learned advocate for
the appellant, the First Appeal is taken up for final disposal at
admission stage. The appellant was owner of agricultural land
admeasuring 1 H 40 R situated at Gut No.49/P at Mauje
Rawangaon, 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.66,303/- 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
enhancing rate to Rs.81,303/- per hectare. Feeling aggrieved
thereby, present appeal is filed by the claimant.
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
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906-fa-1613-2023
Maharashtra and others). Mr. Kakade, learned advocate for
the appellant 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
appellant’s land is dry land and hence on the principle of
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 appellant. He would not dispute that
the subject-matter land of the present appellant is not
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906-fa-1613-2023
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 14.01.2009
passed by learned Civil Judge, Senior Division,
Kandhar, in L.A.R. (New) No.488 of 2007/L.A.R.
(Old) No.01 of 2007 is modified to the following
extent.
III. The appellant-claimant shall be entitled to
compensation at the rate of Rs.2,723/- per R for
non-irrigated land admeasuring 1 H 40 R situated
at Gut No.49/P at village Rawangaon, Taluka
Mukhed, District Nanded.
IV. The appellant-claimant 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 appellant - claimant 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).
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906-fa-1613-2023
VI. The appellant - claimant shall not be
entitled to statutory benefits for the period of
delay, if any, condoned by this Court.
VII. The appellant - claimant 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 appellant is permitted to
withdraw such amount without making any
separate Civil Application.
X. The modified Award be drawn accordingly.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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