Bombay High Court
SHANTABAI GOVINDRAO JADHAVversusTHE STATE OF MAH AND ANR
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The lands are semi‑irrigated and the appellants are entitled to compensation at Rs 1,35,000 per acre with interest as per the Land Acquisition Act.
Summary
The appellants challenged the compensation awarded for lands acquired for the Hangarga Minor Irrigation Tank project. The High Court examined a prior coordinate‑bench decision that had enhanced compensation rates for seasonally irrigated and dry lands. Applying that precedent, the Court held that the lands in question are semi‑irrigated and therefore fall within the higher compensation category. Consequently, the appellants were awarded Rs 1,35,000 per acre, together with interest and other statutory benefits under the Land Acquisition Act. The impugned judgment and award were modified accordingly and the appeal was partly allowed.
Issues considered
- Whether the acquired lands are to be classified as seasonally irrigated, dry or semi‑irrigated for compensation purposes
- Whether the compensation rate of Rs 1,35,000 per acre, as fixed in the coordinate‑bench precedent, applies to the present case
- Whether the appellants are entitled to interest and other statutory benefits under the Land Acquisition Act
Legislation cited
Subjects
- land acquisition
- compensation
- irrigated land
- interest
- statutory benefits
- High Court
- appeal
Judgment
2026:BHC-AUG:43348
FA 1657/11 & Anr.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
7 FIRST APPEAL NO. 1657 OF 2011
SHANTABAI GOVINDRAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND ANR
…
WITH
FIRST APPEAL NO. 1654 OF 2011
VIKAS MADHUKAR JADHAV & ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Appellants : Mr. R.P. Adgaonkar
AGP for Respondent/State : Mr. A.M. Phule
Advocate for Respondent 2 : Mr. S.G. Sangle
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 22, 2026
PER COURT :-
1. FA No. 1654/2011 is not on board. Taken on board.
2. Heard the learned counsel for the respective parties.
3. The present appeals arise out of the judgment and award dated
5.4.2007 in LAR No. 96/2002 and 220/2002 passed by the learned Civil
Judge, Senior Division, Nilanga.
4. Both the counsel appearing for the respective parties tendered across
the bar the copy of the judgment and order dated 10.2.2026 passed by the
coordinate bench of this Court in First Appeal No.1117/2007 (Sudhakar
Ramchandra Dadage Vs. The State of Maharashtra) along with bunch of
other first appeals, whereby this court enhanced the compensation at the
rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and
Rs.90,000/- per Acre for dry lands. Both the counsel submits that the lands
FA 1657/11 & Anr.
2
of the claimants in above first appeals were acquired for the project
Hangarga Minor Irrigation Tank at Hangarga and other villages. Both the
counsel further submits that the lands of the present claimants were also
acquired for Hangarga Minor Irrigation Tank at Hangarga and other villages.
Therefore, in view of the submissions advanced by both the counsel, the
present appeals are also covered by the order passed by the coordinate
bench of this court in First Appeal No.1117/2007 (supra), wherein the
reference court has treated the acquired lands as seasonally irrigated lands
and dry lands and coordinate bench of this court enhanced the
compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated
lands and Rs.90,000/- per Acre for dry lands. Considering the evidence on
record in the present appeals and in view of the order passed by the
coordinate bench of this Court, I hold that the lands involved in the present
appeals are semi irrigated lands and the claimants are entitled to receive
the compensation at the rate of Rs.1,35,000/- per Acre. Hence, I pass the
following order.
ORDER
(I) The appeals are partly allowed.
(II) The appellants/claimants are entitled to receive compensation at the
rate of Rs.1,35,000/- per Acre for their acquired lands.
(III) The appellants/claimant shall be entitled to interest and other
statutory benefits on the enhanced compensation as per the provisions of
the Land Acquisition Act in view of the law laid down by the Full Bench of
this Court in the case of State of Maharashtra Vs. Kailas Shiva Rangari,
2016 (3) Mh.L.J. 457.
(IV) The impugned judgment and award of the reference court are
FA 1657/11 & Anr.
3
modified accordingly.
(V) Civil Application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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