SATISH JANARDHAN KULKARNI DIED THR LRS ANJALI AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                           9 FIRST APPEAL NO. 2416 OF 2016
                  Satish Janardhan Kulkarni Died Thr Lrs Anjali And Anr
                                         VERSUS
                           The State Of Maharashtra And Others
                                     ...
Mr. Gajanan Sontakke h/f Mrs. P. G. Sontakke for Appellants.
Mr. D. R. Korde, AGP for State.
Mr. Shyam Arora for Respondent No.2.
                                     ...

                                                   CORAM :             SIDDHESHWAR S. THOMBRE, J.
                                                   DATE :              10 JULY 2026

P. C.:

1.        Admit.

2.        As the acquisition proceeding is of the year 1999, Appeal is heard

finally with the consent of learned counsel for the parties.

3.        By this Appeal, the Appellants-original claimants are aggrieved by the

judgment and award dated 2 nd January 2014, passed by learned Civil Judge

Senior Division, Nilanga in LAR No.40 of 2008 whereby learned Reference

Court refused to grant enhanced compensation to the extent claimed by the

Appellants-claimants.

4.        The land of the Appellant-claimants was acquired for construction of

Lower Terna Right Canal at Kokalgaon. The notification under Section 4

came to be published on 2nd December 1999 but the possession was taken in

the year 1998 i.e. prior to notification under Section 4. The award came to

This order is corrected pursuant to speaking to the minutes order dated 18 th July 2026.

Shubham                                                                                                 Page 1 of 4
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be passed on 11th July 2001. The LAO granted compensation of Rs.14,697/-

whereas the claimants claimed Rs.1,45,303/- in compensation. The learned

Reference Court granted compensation @Rs.1050/- per R.

5.        Mr. Gajanan Sontakke holding for Mrs. P. G. Sontakke, learned counsel

for the Appellants-claimants submits that the learned Reference Court

erroneously treated the acquired land as dry land despite the 7/12 extracts

filed on record below Exh.34 to 45 clearly established that the land had

irrigation facility. Even the crop pattern suggested that the Appellants-

claimants were cultivating sugarcane which clearly shows that the land of

Appellants-claimants was irrigated land. Hence, the learned Reference Court

has grossly erred in not treating the acquired land as irrigated land and

therefore he prays to allow the present Appeal thereby granting

compensation at the rate applicable to irrigated land.

6.        Per contra, learned AGP for the State and Mr. Arora for the acquiring

body strongly opposed the present Appeal on the ground that learned

Reference Court has rightly treated the acquired land as dry land by

recording findings in paragraph 23 and 24 that the 7/12 extracts are not

sufficient proof of availability of irrigation facility and thus the Appellants-

claimants were granted compensation by treating the acquired land as dry

land.

7.        I have considered the submissions advanced and perused the

This order is corrected pursuant to speaking to the minutes order dated 18 th July 2026.

Shubham                                                                                                 Page 2 of 4
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impugned award and record. I have also perused 7/12 extracts below

Exh.34 to 45 which show that the Appellants-claimants were having one

borewell and pipeline in the acquired land. Even the crop pattern suggested

that they were cultivating sugarcane. Thus, in my opinion the land of the

Appellants-claimants ought to have been treated as irrigated land. The

learned Reference Court has granted compensation @Rs.1050/- per R by

treating acquired land as dry land, thus the compensation for irrigated land

would be double the compensation for dry land i.e. Rs.2100/- per R.

8.        Further, the impugned award reveals that the possession was taken

one year prior to notification under Section 4. Therefore, the Appellants-

claimants are also entitled to interest under Section 34 from the date of

award in view of law laid down by Full Bench of this Court in State of

Maharashtra Vs. Kailash Shiva Rangari (2016(3) Mh.L.J. 457). Hence, I

proceed to pass following order:-

                                                       ORDER

             i. Appeal is partly allowed

             ii. The Appellants-claimants are entitled to claim compensation

                  @Rs.2100/- per R and to that extent impugned award modified.

             iii. The Appellants-claimants are also entitled to interest under

                  Section 34 as per Kailash Shiva Rangari (supra) from the date of

                  award.

This order is corrected pursuant to speaking to the minutes order dated 18 th July 2026.

Shubham                                                                                                 Page 3 of 4
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             iv. The claimants are not entitled to receive interest and statutory

                  benefits for the delayed period.

             v. Rest of the award of the Reference Court stands confirmed

             vi. Award be drawn accordingly.

9.         Pending Civil Applications, if any, stand disposed of.



                                                             [SIDDHESHWAR S. THOMBRE, J.]




This order is corrected pursuant to speaking to the minutes order dated 18 th July 2026.

Shubham                                                                                                 Page 4 of 4