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
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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
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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,
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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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