Bombay High Court

NAMDEO BAPURAO SURVASEversusTHE STATE OF MAHARASHTRA AND ORS

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

Holding

The appeal is partly allowed; the appellant is entitled to enhanced compensation rates as per parity but not to interest for the delayed period, only interest under Sections 28 and 34 of the Land Acquisition Act, 1894.

Summary

The appellant, Namdeo B. Survase, challenged a 2017 award concerning land acquired for the Nimna Dudhana project in Jalna district, seeking higher compensation based on the parity principle. The land, classified as dry and semi‑irrigated, had been originally awarded at Rs.554 per are for dry land and Rs.1,000 per are for pot‑kharab land. Relying on the Supreme Court’s earlier decision in Pralhad Annasaheb Nirwal v. State of Maharashtra, the appellant argued for enhanced rates of Rs.2,500, Rs.3,750 and Rs.1,250 per are respectively. The respondents contended that parity did not apply and opposed any enhancement. The Court held that the parity principle was applicable, granting the appellant the higher rates but denying interest for the delayed period, while allowing interest under Sections 28 and 34 of the Land Acquisition Act, 1894 as per State of Maharashtra v. Kailash Shiva Rangari. The appeal was therefore partly allowed and the award modified accordingly.

Issues considered

Whether the parity principle applies to enhance compensation in the present land acquisition case
Whether the appellant is entitled to interest for the delayed payment of compensation
What the appropriate compensation rates are for dry, semi‑irrigated and pot‑kharab land under the parity principle

Legislation cited

Land Acquisition Act, 1894 — s. 28, 34, 4

Subjects

land acquisition
compensation
parity principle
interest
Land Acquisition Act
Nimna Dudhana project
dry land
semi‑irrigated land
pot‑kharab land

Judgment

2026:BHC-AUG:4396

(1) 21 FA 2062 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

21 FIRST APPEAL NO. 2062 OF 2022

NAMDEO BAPURAO SURVASE
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Mr. D. M. Kakade, Advocate for Appellant
Mr. N. D. Raje, AGP for Respondent/s-State
Mr. S. G. Sangle, Advocate for Respondent No.3
…

CORAM : SHAILESH P. BRAHME, J.
DATE : 28.01.2026

PER COURT :-
. Heard both sides.

2. Appellant is challenging judgment and award dated 23.01.2017

passed in LAR No.335 of 2010. He is claiming enhancement of the

compensation and the benefit of escalation on the ground of parity. For that

purpose, reliance is placed on consistent view being taken by this Court in

numerous matters. One such elaborate judgment is passed in the matter of

Pralhad Annasaheb Nirwal vs. State of Maharashtra and others in First Appeal

No.1778 of 2024 with connected matters on 11.12.2025.

3. Learned counsel for the respondents would oppose the

submissions. It is submitted that the ground of parity is not attracted in the

appeal. Appellant has failed to make a case for enhancement and the appeal is
(2) 21 FA 2062 OF 2022

liable to be rejected.

4. In the present case, the land from village Revalgaon, Taluka

Partur, District Jalna has been acquired for ‘Nimna Dudhana’ project. The land

has been classified as dry and semi-irrigated land. The classification has not

been disputed by both the parties. The notification under Section 4 was issued

on 12.07.1996 which is relevant for determining the escalation.

5. Following are the material particular of the appeal :

FA No. LAR No. Gut No. Total SLAO rate Ld. Type of land Ld. Reference
Acquired as per Reference Court awarded
area award Court
enhanced
rate per R
dry Semi Irrig Pot
irrigat ated kharab
ed
2062/2022 335/2010 8/4 02H 07R Rs.554/- Rs.2,000/- 02H 07R
Namdeo B. Survase Rs.1,000/- 00R

6. This Court has taken consistent view in the matter of acquisitions

of lands from cluster of villages for ‘Nimna Dudhana’ project. After considering

all aspects of the matter, rate of Rs.2,500/- per Are for Jirayat land Rs.3,750/

per Are for Semi irrigated land, Rs.5,000/- for per Are irrigated land and

Rs.1,250/- per Are for pot kharab land have been arrived at. Present case is

squarely covered by one such common judgment of Pralhad Annasaheb Nirwal

(supra). Appellant is entitled to receive rate of Rs.2500/- per Are for dry land,

Rs.3750/- per Are for semi-irrigated and Rs.1250/- for pot kharab land. The

payment of interest shall be governed by the decision of full bench in State of
(3) 21 FA 2062 OF 2022

Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]. I, therefore,

pass following order :

ORDER

a. First Appeal is allowed partly.
b. The appellant shall be entitled to receive rate of Rs.2500/-
per Are for dry land and Rs.3750/- for semi-irrigated land and
Rs.1250/- for pot kharab land.
c. The appellant shall not be entitled to the interest and
statutory benefits for the delayed period.
d. The appellant shall be entitled to the interest under Section
28 and 34 of the Land Acquisition Act, 1894 as per full bench
judgment of State of Maharashtra Vs. Kailash Shiva Rangari
[2016 AIR (Bom.)141].
e. Save and except above modification, the impugned
judgment and award shall stand unaltered.
f. Record and Proceeding be sent back to the Reference
Court.
g. The appellant shall pay deficit court fees.
h. Award be drawn accordingly.

( SHAILESH P. BRAHME, J. )
PRW

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