Bombay High Court
CHANDARSING ZINGA GIRASEversusTHE COLLECTOR, DHULE ADMINISTRATIVE OFFICE, DHULE AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- SHAILESH P BRAHME
Holding
The deduction of 10% from the valuer's report is impermissible; compensation must be fixed at 85% of the valuer's report with interest under Sections 28 and 34 of the Land Acquisition Act, 1894.
Summary
The appellants, owners of houses acquired for the Wadi‑Shevadi Medium Project, challenged the Reference Court's award which granted them 85% of the valuer's report but arbitrarily deducted 10% without justification. They sought parity with a prior judgment (First Appeal No. 2525 of 2022, dated 12 July 2023) that awarded 85% of the valuer's report without any deduction. The High Court examined whether the 10% deduction was permissible and whether the appellants were entitled to interest and statutory benefits for the delay. Relying on the earlier common order and the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari, the Court held that the deduction was impermissible and that compensation must be fixed at 85% of the valuer's report, with interest under Sections 28 and 34 of the Land Acquisition Act, 1894. The appeal was partly allowed, the award was modified accordingly, and the appellants were ordered to pay deficit court fees.
Issues considered
- Whether the Reference Court could lawfully deduct 10% from the valuer's report in awarding compensation.
- Whether the appellants are entitled to parity with the earlier judgment awarding 85% of the valuer's report.
- Whether interest and statutory benefits for the delayed period are payable under the Land Acquisition Act, 1894.
Legislation cited
- Land Acquisition Act, 1894 — s. 11, 28, 34, 4
Subjects
- Land acquisition
- Compensation
- Parity
- Valuer's report
- Interest
- Section 28
- Section 34
- Wadi‑Shevadi project
- Deduction
Judgment
2026:BHC-AUG:4980
1 30 to 32 fa 2349.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 FIRST APPEAL NO. 2349 OF 2025
Chandarsing Zinga Girase .. Appellant
Versus
The Collector, Dhule, Collector
Office Dhule and others .. Respondents
Ms. Mrunal Andhare, Advocate h/f Shri Ajeet B. Kale, Advocate
for the Appellant.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.
AND
31 FIRST APPEAL NO. 2350 OF 2025
Rajesing Daulat Girase .. Appellant
Versus
The Collector, Dhule, Collector
Office Dhule and others .. Respondents
Ms. Mrunal Andhare, Advocate h/f Shri Ajeet B. Kale, Advocate
for the Appellant.
Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 2.
AND
32 FIRST APPEAL NO. 2352 OF 2025
Raghunath Adhar Mistri .. Appellant
Versus
The Collector, Dhule, Collector
Office Dhule and others .. Respondents
2 30 to 32 fa 2349.25
Ms. Mrunal Andhare, Advocate h/f Shri Ajeet B. Kale, Advocate
for the Appellant.
Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2.
CORAM : SHAILESH P. BRAHME, J.
DATE : 02ND FEBRUARY, 2026.
FINAL ORDER :
. Heard both sides finally.
2. Appellants are challenging judgment and award passed by
the Reference Court in the distinct reference petitions. The
appellants are claiming enhancement of compensation on the
ground of parirty relying on common judgment dated 12 th July,
2023 passed in First appeal No. 2525 of 2022 with other
connected first appeals.
3. The house properties of the appellants are situated at
village Khadgaon, Tq. Jamner, Dist. Jalgaon and those are
acquired for Wadi-Shevadi Medium Project under submerged
gavthan land. The notification U/Sec. 4 of the Land Acquisition
Act was issued on 30.03.2010. The award U/Sec. 11 of the L. A.
Act was passed on 18.05.2013. The Reference Court enhanced
the rate by awarding it to 85% of the valuer’s report, but
deducting 10%.
4. The learned Assistant Government Pleaders in respective
first appeal would oppose the submissions of the appellants. It is
further submitted that the ground of parity is not available to
3 30 to 32 fa 2349.25
the appellants. The compensation awarded by the Reference
Court is just and reasonable.
5. Following are the material particular of the appeal :
FA No. LAR House Total Notificatio Award u/s. Rate Rate awarded
No. No. Acquired n u/s.4 11 date Awarded by by Reference
area S. L. A. O. Court
2349/2025 15/2018 326 95 sq. mtr 30.03.2010 18.05.2013 3,93,583/- 6,95,875/-
2350/2025 14/2018 331 54 sq. mtr. 30.03.2010 18.05.2013 3,05,945/- 4,05,450/-
2352/2025 09/2018 280 79 sq. mtr. 30.03.2010 18.05.2013 12,245/- 4,99,824/-
6. This Court has been taking consistent view for awarding
compensation to the tune of 85% of the valuers report for the
house properties acquired for Wadi Shewadi project. The
common order dated 12th July, 2023 passed by the Coordinate
Bench of this Court in First Appeal No. 2525 of 2022 with other
connected matters supports the claim. It is impermissible for the
Reference Court to deduct 10%. No reasons are assigned for
deducting 10% of the valuer’s report.
7. I, therefore, pass following order :
ORDER
a. First Appeals are allowed partly.
b. The respondent – acquiring body shall pay compensation
amount to the appellants – claimants for their acquired
house properties to the extent of 85% of the valuer’s report
4 30 to 32 fa 2349.25
submitted by the appellants which are shown in the chart
referred above.
c. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period.
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 in the matter of State of Maharashtra Vs.
Kailash Shiva Rangari (supra).
e. Save and except above modification, the impugned
judgment and award shall stand unaltered.
f. The appellants shall pay deficit court fees.
g. Award be drawn accordingly.
[ SHAILESH P. BRAHME J. ]
bsb/Feb. 26
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