Bombay High Court

LAXMI RAMCHANDRA DONGREversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The Court held that, following the precedent of the common order in FA 241 of 2022, the appellants are entitled to compensation at Rs 3,176 per R for dry land, with interest under Sections 28 and 34 from the date of award, but not for the delayed period.

Summary

The appellants, Laxmi Ramchandra Dongre and Vitthal Ramchandra Dongre, challenged the compensation award of Rs 2,000 per R made by the Reference Court for dry land acquired for the Nimna Dudhana Project in Salgaon village. They relied on a common order dated 18 December 2025 in FA No. 241 of 2022, which had granted an escalated rate for similar lands. The State of Maharashtra contested the claim, arguing that the appellants had not established a right to a higher rate. The Court examined the precedent and held that the appellants were entitled to the escalated compensation of Rs 3,176 per R, consistent with the earlier judgment. The Court also directed that interest under Sections 28 and 34 of the applicable Act be payable from the date of award, but denied interest for the delayed period. The rest of the impugned judgment and award were left unchanged.

Issues considered

Whether the appellants are entitled to an enhanced compensation rate beyond Rs 2,000 per R for dry land acquired for the Nimna Dudhana Project.
Whether escalation for two years applies to the compensation rate.
Whether interest and statutory benefits for the delayed period are payable.

Legislation cited

Land Acquisition Act — s. 28, 34

Subjects

land acquisition
compensation
dry land
escalation
interest
Maharashtra
Land Acquisition Act

Judgment

2026:BHC-AUG:1099
1 925-FA.1825+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL NO. 1825 OF 2025
LAXMI RAMCHANDRA DONGRE
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND
OTHERS

AND

FIRST APPEAL NO. 1904 OF 2025
VITTHAL RAMCHANDRA DONGRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

...
Advocate for Appellants in both FA : Mr. Kakade Deepak M.
AGPs for Respondent/s-State : Mr. S. V. Hange, Mr. S. N. Morampalle, Mr. S.
V. Hange, respectively
Advocate for Respondent No.3 in both FA : Mr. S. C. Arora.
...

CORAM : SHAILESH P. BRAHME, J.
DATE : 08.01.2026
FINAL ORDER :-

1. Heard both sides finally at the admission stage.

2. Appellants are challenging judgment and award passed by the

Reference Court fixing the rate of Rs.2,000/- per R. instead of Rs.2500/- per

R. They are relying upon common order passed by this Court on 18.12.2025

in group of first appeals arising out of self-same acquisition proceedings and

acquired the land from the same village Salgaon.

3. Respondents have contested the claim. It is submitted that appellants

have failed to make out the case for enhancement of the rate.

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2 925-FA.1825+1.odt

4. Following are the material particulars in the present appeals :

Sr. First L.A.R. No. Gut Total U/sec.4 U/sec.11 SLAO rate Reference Type of
No. Appeal No. No. area notification Award date per R as Court land
date per Award enhanced reference
rate per R court
awarded
Acquired
Area in
ARE
925 1825/2025 74/2010 7 01 H 10.12.1998 04.03.2002 Rs.591/- Rs.2000/- 01 H 70 R
70 R Dry Land
Not 1904/2025 960/2010 7 01 H 10.12.1998 04.03.2002 Rs.591/- Rs.2000/- 01 H 21 R.
on
21 R. Dry Land
board

5. Appellants’ lands are acquired for Nimna Dudhana Project and the

lands are situated from village Salgaon. Those are dry lands. The Reference

Court awarded rate of Rs.2000/- per R. The benefit of escalation has not

been awarded.

6. I have gone through common judgment and order dated 18.12.2025

passed in FA.No.241 of 2022 and connected appeals. In that case also lands

from village Salgaon were acquired and escalation for two (2) years was

claimed. Present case is squarely taken by view taken earlier. Appellants

are entitled to receive the rate of Rs.3,176/- for dry land. I, therefore, pass

following order :

ORDER

(i) First appeals are allowed partly.

(ii) The appellants shall be entitled to receive compensation @ of

Rs.3,176/- per R.
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3 925-FA.1825+1.odt

(iii) The appellants shall not be entitled to interest and statutory

benefits for the delayed period.

(iv) The appellants shall be entitled to interest under Section 28 and

34 from the date of award as per law laid down in the judgment

of Full Bench in case of State of Maharashtra Vs. Kailash Shiva

Rangari [2016 AIR (Bom.) 141].

(v) Save and except above modification. Rest of the impugned

judgment and award shall stand unaltered.

(vi) The appellants shall pay deficit court fees, if any.

(vii) Record and proceeding be sent back to the concerned Court, if

any.

(viii) Award be drawn accordingly.

(SHAILESH P. BRAHME, J.)
...

vmk/-

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