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Bombay High Court

JAIPALSING CHINDHA GIRASEversusTHE S.L.A.O. MEDIUM PROJECT DHULE AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The appellant is entitled to enhanced compensation of Rs 2,00,000 per hectare for Jirayat land and Rs 1,00,000 per hectare for potkharab land, with statutory benefits except interest for one year, on the basis of parity with similar cases.

Summary

The appellant challenged the compensation awarded in land acquisition proceedings (LAR No. 432/2012) seeking parity with a prior appeal that received enhanced rates. The Reference Court had granted Rs 1,60,000 per hectare for Jirayat land and Rs 80,000 per hectare for potkharab land. The High Court noted that the order granting enhanced compensation in the earlier appeal was undisputed and that the appellant was in an identical situation. Relying on the principle of parity, the Court modified the award, increasing compensation to Rs 2,00,000 per hectare for Jirayat land and Rs 1,00,000 per hectare for potkharab land, and granted statutory benefits except interest for one year. The Court also conditioned interest and other benefits on the absence of delay and payment of court fees. The first appeal was partly allowed, and the companion appeal was disposed.

Issues considered

  • Whether the appellant is entitled to the same enhanced compensation as granted in a similar prior appeal.
  • Whether statutory benefits such as solatium and interest should be awarded in addition to the enhanced compensation.
  • Whether interest should be payable on the enhanced compensation for the period of delay.

Legislation cited

Subjects

  • land acquisition
  • enhanced compensation
  • parity
  • solatium
  • interest
  • civil appeal
  • court fees

Judgment

2026:BHC-AUG:38384


                                                   1                         910.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                  FIRST APPEAL NO. 2420 OF 2024
                                             WITH
                                  FIRST APPEAL NO. 3555 OF 2017

                                  JAIPALSING CHINDHA GIRASE
                                              VERSUS
                                   THE SLAO MEDIUM PROJECT
                       DHULE MEDIUM PROJECT, DHULE AND OTHERS
                                                  …
                     Advocate for Appellant : Ms. M.S. Andhale h/f. Mr. A.B. Kale
                          Advocate for Respondent no. 2 : Mr. A.D. Pawar
                         AGP for Respondent/s – State : Ms. Preeti Diggikar
                                                  …

                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 20th AUGUST, 2026


              PER COURT :

              1.           These Appeals raise challenge to the order passed by the

              Reference Court in LAR no. 432/2012, by way of a common judgment

              dated 13.01.2014.

              2.           The Reference Court has granted enhanced compensation at

              the rate of Rs. 1,60,000/- per Hector for Jirayat land and Rs. 80,000/- per

              Hector for Potkharab land.

              3.           It is contended that the present Appeals are arising out of the

              same land acquisition proceedings. Therefore, on the ground of parity, the

              relief as granted in the First Appeal no. 723/2017 and companion Appeals
                                     2                           910.odt


also needs to be allowed by extending similar relief to the Appellant. The

copy of the order passed by this Court dated 13.07.2026, is tendered

across the bar, which is taken on record and marked as exhibit ‘X’.

4.           The order passed by this Court is not disputed by the learned

Advocate appearing for the acquiring body as well as learned AGP

appearing for the State. Therefore, after considering the submissions

advanced by the learned Advocate for the respective parties and in view

of the admitted position about enhanced compensation similar relief

needs to be granted to the Appellant in identical situation. I see no reason

to take a different view in the matter, hence the Appeal no. 2420/2024,

deserves to be allowed in the following terms :

                                 ORDER

      i.     First Appeal no. 2420/2024, is partly allowed.
      ii.    The impugned judgment and award is partly set aside
      and modified as under :
             a)    The claimants are entitled for the compensation
             at the rate of Rs.2,00,000/- per hectare for Jirayat land
             and      Rs.     1,00,000/-      per      hectare        for
             potkharab/barren/uncultivable     land,   excluding      the
             earlier amount received by the claimants.
             b)    The claimant is also entitled for additional
             statutory benefits i.e. solatium, interest and components
             as per the provisions of the Land Acquisition Act, 1894,
                                      3                          910.odt


             except for one year.
             c)    The claimant shall not be entitled for the interest
             on the enhanced amount of compensation for a period
             of one year.
             d)    Rest of the part of judgments and awards stand
             confirmed.
             e)    Award be         drawn up    as   per   the    above
             modification.
      iii.   If delay caused in filing the first Appeal at the instance
      of the claimant has been condoned, the claimant shall not be
      entitled to interest and other statutory benefits for the said
      period of delay.
      iv.    If the court fees is not paid, on payment of court fees
      the enhanced amount of compensation be paid to the
      claimants / appellants.
      v.     Pending civil applications, if any, also stand disposed
      of.
      vi.    Record and proceedings be sent back.


5.           In view of the aforementioned directions, First Appeal no.

3555/2017, field by the acquiring body which challenges the same LAR

no. 432/2012, also stands disposed of.




                                    ( MANJUSHA DESHPANDE, J. )


SPC


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