Bombay High Court

ASHAMATI VITTHALRAO WARADE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI AND OTHERS

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

Holding

The Court partially allowed the appeals, granting enhanced compensation rates and escalation but denying interest for the specific delayed period while permitting interest under Sections 28 and 34.

Summary

The appellants challenged the compensation awarded for lands acquired for the Nimna Dudhana Project, seeking higher rates and escalation on the ground of parity with similar acquisitions. The lands, classified as non‑irrigated and semi‑irrigated, were acquired under a notification issued on 01‑02‑2007 pursuant to Section 4 of the Land Acquisition Act, 1894. Relying on the Court’s earlier decision in Pralhad Annasaheb Nirwal (FA 1778 of 2024), the bench examined the appropriate compensation rates and the entitlement to interest for delayed payment. The Court held that the appellants were entitled to enhanced rates of Rs 7,022 per Are for non‑irrigated land and Rs 10,533 per Are for semi‑irrigated land, with escalation at 10% per annum for the specified period, but denied interest for the period 28‑07‑2022 to 02‑12‑2022. Interest under Sections 28 and 34 of the Land Acquisition Act was permitted in line with State of Maharashtra v. Kailash Shiva Rangari (2016). The order partially allowed the appeals and directed the award to be redrawn accordingly.

Issues considered

Whether the appellants are entitled to enhanced compensation on the basis of parity with similar land acquisitions
Whether escalation and interest should be awarded for the delayed period
Whether interest under Sections 28 and 34 of the Land Acquisition Act, 1894 applies

Legislation cited

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

Subjects

land acquisition
compensation
escalation
parity
interest
Nimna Dudhana Project
Land Acquisition Act

Judgment

2026:BHC-AUG:5312

(1) 1 FA 220 2026+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

1 FIRST APPEAL NO. 220 OF 2026

ARVIND VITTHALRAO SHINDE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Mr. Bhise Vitthal Dnyanoba, Advocate for Appellant
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. A. N. Gaddime, Advocate for Respondent No.3
AND
2 FIRST APPEAL NO. 222 OF 2026

SHIVAJI BHANUDAS PARDHI
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Mr. Bhise Vitthal Dnyanoba, Advocate for Appellant
Mr. N. D. Raje, AGP for Respondent/s-State
Mr. Anand Chawre, Advocate for Respondent No.3
AND
3 FIRST APPEAL NO. 224 OF 2026

UKANDI KISHAN KAMBLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Mr. Bhise Vitthal Dnyanoba, Advocate for Appellant
Mr. S. V. Hange, AGP for Respondent/s-State
Mr. S. S. Dande, Advocate for Respondent No.3

WITH
FIRST APPEAL NO. 223 OF 2026
(2) 1 FA 220 2026+

ASHAMATI VITTHALRAO WARADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
…
Bhise Vitthal Dnyanoba, Advocate for Appellant
Mr. S. V. Hange, AGP for Respondent/s-State
Mr. M. S. Kulkarni, Advocate for Respondent No.3
AND
4 FIRST APPEAL NO. 228 OF 2026

DIGAMBAR RAMRAO LANGOTE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Mr. Bhise Vitthal Dnyanoba, Advocate for Appellant
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. A. D. Gade, Advocate for Respondent No.3

WITH
FIRST APPEAL NO. 227 OF 2026

PRASAD EKNATHRAO BOCHARE AND ANR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
…
Mr. Bhise Vitthal Dnyanoba, Advocate for Appellants
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. B. V. Virdhe, Advocate for Respondent No.3
WITH
FIRST APPEAL NO. 226 OF 2026

PANDURANG BABURAO PARDHI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
…
(3) 1 FA 220 2026+

Mr. Bhise Vitthal Dnyanoba, Advocate for Appellant
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. S. P. Sonpawale, Advocate for Respondent No.3
WITH
FIRST APPEAL NO. 225 OF 2026

SARJERAO BHAGWAN PARDHI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
…
Mr. Bhise Vitthal Dnyanoba, Advocate for Appellants
Mr. S. N. Morampalle, AGP for Respondent/s-State
Mr. M. S. Kulkarni, Advocate for Respondent No.3
…

CORAM : SHAILESH P. BRAHME, J.
DATE : 06.02.2026

PER COURT :-
. Heard both sides.

2. Appellants are challenging judgment and award passed in their

respective references. They are 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
(4) 1 FA 220 2026+

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

appeal. Appellants have failed to make a case for enhancement and the appeal

is liable to be rejected.

4. In the present case, the lands from village Borgaon, Taluka Selu,

District Parbhani, have been acquired for ‘Nimna Dudhana Project’. The lands

have been classified as non-irrigated land and semi-irrigated land. The

classification has not been disputed by both the parties. The notification under

Section 4 of the Land Acquisition Act, 1894, was issued on 01.02.2007 which

is relevant for determining the escalation.

5. Following are the material particular of the appeal :

FA No. LAR No. Gut Total Notification Award u/s. SLAO rate Ld. Type of land Ld. Reference
No. Acquire u/s.4 11 date as per Reference Court awarded
d area award Court
enhanced
rate per R
Dry Semi Irrig Pot
irrigat ated kharab
ed
220/2026 96/2010 107 01H 01.02.2007 30.04.2008 Rs.1,500/ Rs.3,500/- 01H
Arvind V. (23.06.202 89R - Seasonally 89R
Shinde 4) irrigated
land
222/2026 97/2010 40 01H 01.02.2007 30.04.2008 Rs.1,220/ Rs.3,500/- 01H
Shivaji B. (23.06.201 05R - Seasonally 05R
Pardhi 5) irrigated
land
224/2026 108/2010 43 00H 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,100/- 00H
Ukandi K. (24.06.201 78R - Dry land 78R
Kamble 5)
223/2026 102/2010 41 00H 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,100/- 00H
Ashamati (24.06.201 95R - Dry land 95R
V. Warde 5)
228/2026 42/2011 13 01H 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- 01H
Digambar (24.06.201 16R - Dry land 16R
R. 5)
Langote
(5) 1 FA 220 2026+

227/2026 89/2010 102 01H 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- 01H
Prasad E. (24.06.201 41R - Dry land 41R
Bochare & 5)
Ors
226/2026 109/2010 102 00H 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- 00H
Panduran (24.06.201 94R - Dry land 94R
g B. 5)
Pardhi &
Ors
225/2026 92/2010 22 00H 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- 00H
Sarjerao (24.06.201 87R - Dry land 87R
B. Pardhi 5)
& Ors

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. The benefit of

escalation has also been granted in numerous cases. Present case is squarely

covered by one such common judgment of Pralhad Annasaheb Nirwal (supra).

Appellants are entitled to receive rate of Rs.7,022/- per Are for non-irrigated

land, Rs.10,533/- per Are for semi-irrigated land and escalation for 10 years,

10 months, 01 days at the rate of 10% per annum. The payment of interest

shall be governed by the decision of full bench in State of Maharashtra Vs.

Kailash Shiva Rangari [2016 AIR (Bom.)141]. I, therefore, pass following

order :
(6) 1 FA 220 2026+

ORDER

a. First Appeals are allowed partly.
b. The appellants shall be entitled to receive rate of
Rs.7,022/- per Are for non-irrigated land, Rs.10,533/- per Are for
semi-irrigated land.
c. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period as well as lapses i.e.
from 28.07.2022 to 02.12.2022.
d. The appellants 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 appellants shall pay deficit court fees.
h. Award be drawn accordingly.

( SHAILESH P. BRAHME, J. )
PRW

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