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Bombay High Court

ASHOK NAGO CHAUDHARIversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that the compensation rate must be enhanced to Rs.3,00,000 per hectare, while interest is payable only under Sections 28 and 34 from the date of award, and the remainder of the reference court’s award stands confirmed.

Summary

The appellants, whose lands in Khadgaon village were acquired for the Waghoor project, challenged the compensation awarded by the reference court at Rs.1,80,000 per hectare, contending that the rate for dry land should be Rs.3,00,000 per hectare as upheld in earlier judgments. The respondents argued that the reference court's award was proper and that no enhancement was warranted. The High Court examined the precedent set in Executive Engineer Waghoor Project Division Jalgaon v. Narayan Sonu Barkale (First Appeal No.3111 of 2015), which fixed Rs.3,00,000 per hectare for dry land, and found it applicable. The Court held that the appellants were entitled to the higher rate but not to interest or statutory benefits for the delay, except interest under Sections 28 and 34 from the date of award as per State of Maharashtra v. Kailash Shiva Rangari. Consequently, the appeals were allowed in part, the compensation rate was enhanced, and the rest of the reference court’s award was confirmed.

Issues considered

  • Whether the compensation rate for dry land should be enhanced from Rs.1,80,000 to Rs.3,00,000 per hectare.
  • Whether the appellants are entitled to interest and statutory benefits for the period of delay.
  • Whether the reference court's original award should be upheld in its entirety.

Legislation cited

Subjects

  • land acquisition
  • compensation enhancement
  • dry land
  • interest under Section 28
  • interest under Section 34
  • High Court of Bombay
  • Maharashtra

Judgment

2026:BHC-AUG:3095
                                                           1             12-FA.2940-24 (12+70).odt



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                              12 FIRST APPEAL NO. 2940 OF 2024
                  PRAKASH BHAGWAN SAITWAL DIED THR LRS MADHURI PRAKASH
                                    SURYWANSHI AND ORS
                                          VERSUS
                  THE COLLECTOR THR THE SPECIAL LAND ACQUISITION OFFICER 1
                                   UTPH JALGAON AND ANR

                                                   WITH
                                      FIRST APPEAL NO. 186 OF 2024
                                                      ...
                            Advocate for Appellants : Mr. More Kumar Gaurav M.
                               AGP for Respondent/s-State : Mr. S. V. Hange.
                                                      ...
                                                   AND
                                   70 FIRST APPEAL NO. 2811 OF 2025
                                       VASANT BABURAO SAITWAL
                                               VERSUS
                                 THE STATE OF MAHARASHTRA AND ANR

                                                   WITH
                                     FIRST APPEAL NO. 2810 OF 2025
                                                      ...
                            Advocate for Appellants : Mr. More Kumar Gaurav M.
                            AGP for Respondent/s-State : Mr. S. N. Morampalle.
                                                      ...

                                                     CORAM : SHAILESH P. BRAHME, J.
                                                     DATE : 23.01.2026
             FINAL ORDER :-


             1.         Heard both sides finally at the admission stage with consent of the

             parties.


             2.         Being aggrieved by judgment and award dated 23.02.2017 passed in

             L.A.R.No.736 of 2009, judgment and award 03.02.2017 passed in

             L.A.R.No.156 of 2009, L.A.R.No.154 of 2009 appellants have preferred

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present first appeals. They have claimed compensation by adopting the rate

of Rs.3,00,000/- per hectare for dry land as it has been consistently upheld

by the High Court in the matters arising out of same project. Reliance is

placed on one of such order dated 05 th January, 2018 passed in First Appeal

No.3111 of 2015 and other connected matters.


3.       Learned Assistant Government Pleaders oppose the submissions.

They would submit that appellants have failed to make out a case for

enhancement of compensation. The rate awarded by the Reference Court is

just and proper.



4.       Appellants’ lands from village Khadgaon were acquired for Waghoor

project. For the self same project lands of various other persons were

acquired from village Hadgaon as well as villages in the vicinity.          The

learned Single Judge has taken a view vide judgment and order dated

05.01.2018 in First Appeal No.3111 of 2015 with other connected matters

in the matter of Executive Engineer Waghoor Project Division Jalgaon Vs.

Narayan Sonu Barkale and another in granting rate of Rs. 3,00,000/- per

hectare for dry land. The said judgment has been consistently followed and I

also propose to adopt the same course. The appellants’ lands are dry land

and the rate given by the Reference Court that is Rs.1,80,000/- per hectare

is required to be enhanced to Rs.3,00,000/-. I, therefore, pass following

order.



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                                       ORDER

        (i)    First Appeals are allowed partly.

        (ii)   The appellants shall be entitled to enhancement of rate from

               Rs.1,80,000/- per hectare to Rs.3,00,000/- per hectare and

               accordingly the compensation shall be computed.

        (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 judgment and

               award passed by Reference Court shall stand confirmed.

        (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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