Bombay High Court

PARAMESHWAR SUDAM MIRGE (MINOR U/G) GODAVARIBAI SUDAM MIRGEversusTHE STATE OF MAHARASHTRA AND ORS

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

Holding

The Court partially allowed the appeals, fixing higher compensation rates for dry and irrigated land and granting interest under Sections 28 and 34 from the date of award while denying other statutory benefits.

Summary

The appellants’ lands in Hatwan village were acquired for the Nimna Dudhana Project. The Reference Court enhanced the compensation rates for dry and Pot Kharab land but refused to grant escalation interest. The appellants argued that, based on a prior decision (First Appeal No. 1956 of 2021), they were entitled to four years of 10% per annum escalation and that land with a well should be treated as irrigated, attracting double the dry‑land rate. The respondents contended that the enhanced rates were already sufficient and that the presence of a well did not convert the land to irrigated status. The Court held that the appeals were partly allowed, fixing compensation at Rs 3,659 per R for dry land and Rs 7,318 per R for the irrigated portion, granting interest under Sections 28 and 34 from the date of award but denying interest for the delayed period. The rest of the impugned judgment and award were left unchanged.

Issues considered

The Reference Court’s refusal to grant escalation interest for four years
Whether land containing a well qualifies as irrigated land for compensation purposes
Whether appellants are entitled to double the rate for irrigated land
Whether interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act applies

Legislation cited

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

Subjects

land acquisition
compensation enhancement
escalation interest
dry land
irrigated land
statutory benefits
Maharashtra

Judgment

2026:BHC-AUG:972
1 919-FA.1933-21 & ors (919 to 922).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL NO. 1933 OF 2021
PARAMESHWAR SUDAM MIRGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

AND

FIRST APPEAL NO. 1935 OF 2021
SHESHRAO VAMANRAO GIRAM
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

AND

FIRST APPEAL NO. 1939 OF 2021
RAMESHWAR SUDAM U/G OF MOTHER GODAWARI SUDAM MIRGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

AND

FIRST APPEAL NO. 1958 OF 2021
NATHA VITTAL GORE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

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

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

1. Heard both sides finally at the admission stage.

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2 919-FA.1933-21 & ors (919 to 922).odt

2. Appellants are taking exception to the judgment and award passed

by the Reference Court granting enhancement to Rs.2500/- per R. for dry

land and Rs.1,250/- for Pot Kharab land, but omitting to grant benefit of

escalation. They are relying on consistent view taken by this Court in various

matters. One such order dated 23.12.2025 passed in First Appeal No.1956

of 2021 has been placed on record. Appellants’ claim is contested by the

respondents. They would submit that Reference Court has already enhanced

the rate and no case is made out for granting benefit of escalation.

3. It is submission of the appellants that in First Appeal No.1935 of

2021 there is a well in the land still it is treated to be dry land.

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
1 1933/2021 861/2010 4/1 02 H 06.07.2000 26.05.2003 Rs.707/- Rs.2500/- 02 H 01 R
01 R Dry Land
2 1935/2021 1196/2010 38/1 4H 13R 06.07.2000 26.05.2003 Rs.789/- Rs.2500/- 4H 13R
43/C 96R Rs.761/- Rs.1250/- 96R
3 1939/2021 866/2010 39/2 1H 78R 06.07.2000 26.05.2003 Rs.756/- Rs.2500/ 1H 78R
4 1958/2021 1155/2010 42/3 2H 31R 06.07.2000 26.05.2003 Rs.761/- Rs.2500/ 131
Rs.5000/- Dry Land
100
Irrigated

5. Appellants’ lands from village Hatwan have been acquired for Nimna

Dudhana Project vide notification dated 06.07.2000. The Reference Court
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3 919-FA.1933-21 & ors (919 to 922).odt

refused to grant benefit of escalation. Appellants are praying escalation for

four (4) years @ 10% per annum and reliance is placed on order dated

23.12.2025 passed in First Appeal No.1956 of 2021. In that case also, land

from village Hatwan was acquired and escalation for four (4) years was

claimed which was awarded resulting into computation of compensation @

Rs.3659/- for dry land and Rs.1829/- for Pot Kharab land. In Appeal

No.1958 of 2021, 131 R. of land is a dry land and area of 100 R. is irrigated

land. For the irrigated area, appellant shall get double the rate of dry land.

On the ground of parity, appellants are entitled to get enhancement.

Appellant has not made out a case to treat his land irrigated one. Mere

existence of well in land is not sufficient. I, therefore, pass following order :

ORDER

(i) First appeals are allowed partly.

(ii) The appellants shall be entitled to get compensation @

Rs.3659/- per R. for dry land and in First Appeal No.1958 of

2021 additionally Rs.7318/- shall be fixed for the irrigated area.

(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

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4 919-FA.1933-21 & ors (919 to 922).odt

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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