NARAYAN SONU NHAVI (DECEASED) THR LRS BHAGWAT AND ORSversusTHE SPECIAL LAND ACQUISITION OFFICER-2, UPPER TAPI PROJECT (HATNUR) JALGAON AND ANR

2026:BHC-AUG:44674
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              10 FIRST APPEAL NO. 2417 OF 2017

               Narayan Sonu Nhavi (Deceased) Through L.Rs. Bhagwat And Others
                                           VERSUS
                            The Special Land Acquisition Officer-2,
                       Upper Tapi Project (Hatnur) Jalgaon And Another

                                              ……
          Mr. Ajeet B. Kale, Advocate for Appellant
          Mr. D.R. Korde, AGP for Respondent No.1
          Mr. V.V. Tarde, Advocate for Respondent No.2
                                              ……

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.      Heard learned counsel for the respective parties.


          2.      By this appeal, the appellant-original claimant challenges the

          Judgment and Award dated 24.09.2009 passed by the learned Joint Civil

          Judge, Senior Division, Jalgaon in Land Acquisition Reference No.2003 of

          2005.


          3.      Learned counsel for the appellant has placed on record a copy of the

          judgment delivered by the Division Bench of this Court in Special Land

          Acquisition Officer (III), Jalgaon and another v. Bhagwat Vitthal Sonwane,

          reported in 2009 (4) Mh.L.J. 308 , arising out of the same project. He

          submits that, in the said case, this Court determined the market value of the

          acquired jirayat land at the rate of Rs.2,00,000/- per hectare, the bagayat
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land at twice the rate applicable to jirayat land, i.e. Rs.4,00,000/- per

hectare, and the potkharab land at the rate of Rs.1,00,000/- per hectare. In

the present case, the learned Reference Court has determined the market

value of the acquired jirayat land at the rate of Rs.1,95,000/- per hectare

and the potkharab land at the rate of Rs.97,500/- per hectare. He, therefore,

submits that the rates of compensation determined in the aforesaid

judgment may also be applied to the acquired land in the present case.


4.     The learned AGP as well as the learned counsel for the acquiring

body fairly concede the aforesaid position.


5.     In view of the aforesaid judgment of the Division Bench, the

appellant would be entitled to compensation at the rates determined

therein. The First Appeal, therefore, deserves to be partly allowed and the

impugned Judgment and Award deserves to be modified to that extent.

Hence, the following order:

                                 ORDER


I.     The First Appeal is partly allowed.


II.    The Judgment and Award dated 24.09.2009 passed by the learned
Joint Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference
No.2003 of 2005 is modified to the extent indicated hereinbelow.


III.   The claimant shall be entitled to compensation for the acquired land
at the rate of Rs.2,00,000/- per hectare for jirayat land, Rs.4,00,000/- per
hectare for bagayat land and Rs.1,00,000/- per hectare for potkharab land
as per categorization done by the learned Reference Court.
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IV.        The claimant shall be entitled to all consequential statutory benefits
on the enhanced amount of compensation, in accordance with the
provisions of the Land Acquisition Act, 1894.


V.         The claimant shall be entitled to interest under Section 34 of the
Land Acquisition Act, 1894, strictly in accordance with the Full Bench
judgment of this Court in State of Maharashtra vs. Kailas Shiva Rangari ,
2016 (3) 457.

VI.        Save and except the aforesaid modification, the Judgment and

Award passed by the learned Reference Court shall remain unaltered.


VII        The claimants shall not be entitled to claim the statutory benefits

and interest for the delayed period, if any


VIII.      The appellant shall pay the deficit Court-fees, if any.


IX.        The modified award be drawn accordingly.



                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE




S P Rane