Bombay High Court
SHIVAJI MANIK BOLAKEversusTHE STATE OF MAH THR. COLLECTOR OSMANABAD AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeal is partly allowed; compensation is enhanced to Rs.1,40,000 per acre with interest under Sections 28 and 34, and the rest of the award is confirmed.
Summary
The appeal challenges a 2016 award of compensation in a land acquisition case (Reference No.216 of 2006) concerning land from Gaurgaon village for the Nagulgaon Storage Tank. The appellant argued that the dispute is identical to a prior appeal (First Appeal No. 1775 of 2011) decided by the same court, and therefore should be resolved on the same basis. The court accepted that the controversies are the same and partially modified the award, enhancing compensation to Rs.1,40,000 per acre and granting interest under Sections 28 and 34 of the applicable land acquisition law, as clarified in State of Maharashtra v. Kailash Shiva Rangari. The remainder of the original award was confirmed, and the court ordered payment of deficit court fees and disposal of any pending civil applications. The appeal was therefore partly allowed.
Issues considered
- Whether the present appeal is identical to the earlier First Appeal No. 1775 of 2011 and should be decided on the same principles
- Whether the compensation awarded under the land acquisition should be enhanced
- Whether interest under Sections 28 and 34 is payable on the enhanced compensation
Legislation cited
- Maharashtra Land Acquisition Act — s. 28, 34
Subjects
- land acquisition
- compensation
- interest
- precedent
- court fees
- appellate jurisdiction
Judgment
2026:BHC-AUG:44572
8-FA-1787-2011.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 FIRST APPEAL NO. 1787 OF 2011
Shivaji Manik Bolake
VERSUS
The State Of Maharashtra
Through. Collector, Osmanabad And Others
……
Mr. E.S. Murge, Advocate for Appellant
Mr. A.M. Phule, AGP for Respondent-state
Ms. R.D. Reddy, Advocate for Respondent No.3
…...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the parties.
2. The present appeal arises out of the Judgment and Award dated
21.04.2016 passed by the learned 2 nd Joint Civil Judge, Senior Division,
Osmanabad, in Land Acquisition Reference No.216 of 2006.
3. The learned counsel for the Appellant and learned counsel appearing
for the acquiring body submit that controversy involved in the present
appeal is squarely covered by order dated 01.09.2026 passed by this Court
in First Appeal No. 1775 of 2011 and connected matters as the land of the
appellant was acquired from the same village i.e. Gaurgaon, for the same
public purpose i.e. Nagulgaon Storage Tank, and under the very same
notification as involved in the said appeal. It is, therefore, contended that
the present appeal deserves to be disposed of in terms thereof. The learned
A.G.P. appearing for respondent-State.
8-FA-1787-2011.odt
2
5. Having considered the submissions advanced by the learned counsel
for the respective parties, and in view of the admitted position that the
controversy involved in the present appeal is identical to the one decided by
this Court by order dated 01.09.2026 passed by this Court in First Appeal
No. 1775 of 2011 and connected matters , I see no reason to take a different
view. The present appeal, therefore, deserves to be disposed of in terms of
the said judgment and order. Hence, the following order:
ORDER
(i) Appeal is partly allowed.
(ii) The appellants/claimants are entitled to enhanced the compensation
@ Rs.1,40,000/- per acre and to that extent Clause 2 of the operative part of
the impugned judgment and award stands modified to that extent.
(iii) The appellants/claimants shall be entitled to interest under Sections
28 and 34 as per law laid down in Full Bench judgment of this Court in
State of Maharashtra vs. Kailash Shiva Rangari, 2016 (3), Mh.L.J. 457 , from
the date of award.
(iv) Rest of the Award passed by the learned Reference Court stands
confirmed.
(v) Modified Award be drawn accordingly.
(vi) Deficit Court fees be paid.
(vii) Pending Civil Application, if any, disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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