Bombay High Court

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

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The appellants are entitled to compensation at Rs 3,176 per R, with interest under Sections 28 and 34 from the date of award, but not to other interest or statutory benefits for the delayed period.

Summary

The appellants, Laxmi Ramchandra Dongre and Vitthal Ramchandra Dongre, challenged the award of Rs 2,000 per R by the Reference Court for dry land acquired for the Nimna Dudhana Project in Salgaon village. They sought a higher rate, invoking escalation benefits recognized in a prior common order dated 18‑12‑2025 in related appeals. The State of Maharashtra contested the claim, arguing that the appellants had not established entitlement to an enhanced rate. Justice Shailesh P. Brahme examined the earlier judgment (FA No. 241 of 2022) and held that the appellants were entitled to compensation of Rs 3,176 per R for dry land. The court allowed the appeals partly, granting the increased compensation but denying interest and statutory benefits for the delayed period, while permitting interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act from the date of award as per State of Maharashtra v. Kailash Shiva Rangari (2016). The order also directed payment of any deficit court fees and remitted the record to the concerned court for drawing the revised award.

Issues considered

Whether the appellants are entitled to an enhanced compensation rate of Rs 3,176 per R for dry land acquired for the Nimna Dudhana Project.
Whether the appellants are eligible for interest and statutory benefits for the period of delay.
Whether the escalation principle applied in the earlier common order (FA No. 241 of 2022) is applicable to the present appeals.

Legislation cited

Maharashtra Land Acquisition Act, 1960 — s. 28, 34

Subjects

land acquisition
compensation
escalation
interest
statutory benefits
dry land
Nimna Dudhana Project

Judgment

2026:BHC-AUG:1100
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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