Bombay High Court
KISHAN GOVINDRAO PAULversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- DISPOSED OFF
Holding
The High Court remanded the appeals to the trial court to allow the appellants to lead evidence on the irrigated status of the land, without deciding the merits of the compensation claim.
Summary
The appellants appealed against a 2015 judgment of the Civil Judge (Senior Division), Latur, seeking enhancement of compensation awarded in land acquisition proceedings, contending that the land was irrigated rather than dry as assumed. They submitted that revenue records, borewell installations, and three‑phase electricity connections demonstrated irrigated status and requested an opportunity to adduce such evidence. The acquiring authority failed to appear before the High Court. The Court, noting no impediment, ordered the appeals to be remanded to the trial court, directing the appellants to present evidence of mutation records and electricity bills to establish irrigated status, and stipulated a three‑month timeline for the trial court to conclude. The Court expressly refrained from expressing any opinion on the merits of the compensation claim. Consequently, the appeals were disposed of with directions for a fresh evidentiary hearing.
Issues considered
- Whether the compensation awarded for the acquired land should be enhanced on the ground that the land was irrigated, not dry, at the time of acquisition
- Whether the appellate court may remand the matter to the trial court for the parties to adduce evidence on the land's irrigated status
Subjects
- land acquisition
- compensation enhancement
- irrigated land
- dry land
- mutation record
- electricity bills
- remand
- appellate procedure
Judgment
2026:BHC-AUG:40061
1
26-fa-1774-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1774 OF 2021
Kishan Govindrao Paul
VERSUS
The State Of Maharashtra And Ors
...
Mr. K. V. Patil, Advocate for Appellant
Mr. R. K. Ingole, AGP for Respondent-State
AND
FIRST APPEAL NO. 1775 OF 2021
Ramkisan S/o Bhimrao Suryawanshi
VERSUS
The State Of Maharashtra And Ors
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 31ST AUGUST, 2026
P.C. :-
. First Appeal No.1775 of 2021 was not on board. Upon
being mentioned, taken on board.
2. Considering the request advanced by Mr. K. V. Patil,
learned Advocate for the respective appellants, the First
Appeals are disposed of at admission stage.
3. Feeling aggrieved by the judgment and award dated
14.09.2015, passed by learned Civil Judge Senior Division,
Latur in Land Acquisition Reference Nos.9 of 2014 and 26 of
2013 respectively, the respective appellants/claimants are
before this Court seeking enhancement of the compensation
awarded.
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26-fa-1774-2021
4. Mr. K. V. Patil, learned Advocate for the appellants
submits that the issue involved in the present appeals pertains
to the nature and quality of the subject land. He would submit
that the compensation has been determined on the premise
that the subject matter lands were dry lands, whereas ample
evidence is available to demonstrate that the lands were
irrigated lands. He would submit that the appellants filed a
chart seeking an opportunity to adduce evidence to
demonstrate on the basis of the revenue entries that the
subject matter-lands were having borewells into it and that,
there were electricity connections with three-phase load
intended for operating the electric motors/borewells.
5. He would submit that the limited prayer in the First
Appeals is to give an opportunity to the claimants to lead
evidence confined to this aspect.
6. This matter was taken up in the morning session;
however nobody appeared for respondent/Acquiring Body.
Consequently, the matter was kept back for the second
session. In the second session also, despite the name of
learned Advocate for the acquiring Body being displayed on
the screen, nobody appeared of behalf of the Acquiring Body.
3
26-fa-1774-2021
Hence, I do not find any impediment in disposing the First
Appeals by remanding the matters to the Trial Court with
liberty to the appellants/claimants to lead evidence only on
the point of mutation record and the electricity bills.
7. The appellants/claimants shall appear before the Trial
Court on 07.09.2026 alongwith a copy of this order and shall
lead his evidence while appearing itself. The Trial Court is
requested to conclude the Trial within three months from the
date of appearance of the appellants/claimants.
8. It is clarified that the Trial Court shall assess the
evidentiary value of the documents and also the entitlement of
the appellants/claimants only if the appellants/claimants
establishe on the basis of the aforesaid documents that the
subject matter lands were having irrigated lands status on the
date of notification. It is also clarified that this Court has not
expressed any opinion on the merits of the claimants case.
9. With this, First Appeal stands disposed of.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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