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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

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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                                                    906-fa-1613-2023

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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