Bombay High Court

NANU KHEMA CHAVANversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

Compensation for land acquired for the same purpose under the same award must be uniform, and the rate fixed in the earlier similar appeal (Rs.4,629 per R) is applicable.

Summary

The appellant's land in Wahegaon Sopara, Jalna district was acquired under a 2008 notification for a percolation tank, with an initial compensation of Rs.1,545 per R fixed by the Land Acquisition Officer. The appellant challenged this award, and a reference court raised the compensation to Rs.5,250 per R. The appellant then sought to have the compensation aligned with a prior First Appeal (No.1924 of 2025) where a similar land parcel was awarded Rs.4,629 per R. The High Court examined the similarity of the lands, noting that Wahegaon Sopara is adjacent to Ashti, the location of the earlier case, and held that uniform rates should apply for lands acquired for the same purpose under the same award. Consequently, the Court partly allowed the appeal, fixing compensation at Rs.4,629 per R, denying interest and statutory benefits for delay except as provided under Sections 28 and 34 of the Land Acquisition Act, 1894, and ordered the record to be sent back to the Reference Court.

Issues considered

Whether the compensation rate fixed in a prior similar appeal should be applied to the present land acquisition case.
Whether the appellant is entitled to interest and statutory benefits for the period of delay.

Legislation cited

Land Acquisition Act, 1894 — s. 11, 18, 28, 34, 4

Subjects

Land acquisition
Compensation assessment
Reference court
Uniform rate
Interest under Land Acquisition Act
Partial appeal

Judgment

2026:BHC-AUG:34790
                                                  -1-
                                                                         910-FA-2473-2025

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                  FIRST APPEAL NO. 2473 OF 2025

                                 NANU KHEMA CHAVAN
                                       VERSUS
                THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA
                                     AND OTHERS
                                                 ......
              Advocate for Appellant : Mr. S. M. Kakade a/w Mr. D. M. Kakade
              AGP for Respondent - State : Mr. S.K.Shirse
                                                 ...…

                                            CORAM : S. G. CHAPALGAONKAR, J.
                                             DATED : 06th AUGUST, 2026
              JUDGMENT :

              1.           Admit. Heard finally by consent of parties.



              2.           The appellant takes exception to judgment and award dated

              19.10.2019 passed by learned Civil Judge, Senior Division, Jalna /

              Reference Court in Land Acquisition Reference No. 753 of 2012.



              3.           The appellant's land situated at village Wahegaon Sopara,

              Tq. Partur, District Jalna came to be acquired pursuant to notification

              dated 09.06.2008 issued under Section 4 of Land Acquisition Act for

              construction of percolation tank. On 14.09.2011, Land Acquisition Officer

              passed an award under Section 11 of Land Acquisition Act, thereby fixing

              compensation @ Rs.1,545/- per R for acquired land. Aggrieved by

              assessment of compensation, appellant made a reference vide L.A.R. No.
                                    -2-
                                                          910-FA-2473-2025

753 of 2012 under Section 18 of Land Acquisition Act. The Reference

Court, upon evaluation of evidence, enhanced compensation to

Rs.5,250/- per R for semi irrigated land.



4.          Mr. Kakade, learned Advocate appearing for appellant would

submit that this Court has decided First Appeal No.1924 of 2025 vide

order dated 30.07.2026 in case of Prayagbai Bhimrao Rathod v. State of

Maharashtra through the Collector, Jalna and others. The land in relation

to said matter was also acquired under same award for same purpose. He

would therefore urge to follow same course in present matter and pass

award on the basis of rate fixed in that matter.


5.          Learned AGP opposes appeal by inviting attention of this

Court to observations made by Reference Court in paragraph no.16 of

impugned judgment to contend that appellant's claim to grant

compensation at par with the rate granted by Reference Court in L.A.R.

No. 671 of 2011 cannot be accepted as lands in those References were

situated at Ashti, which is a developed town and lands under present

Reference from village Wahegaon Sopara is not comparable.


6.          Having    considered    submissions    advanced   by   learned

Advocates appearing for respective parties, this Court finds that, in First

Appeal No.1924 of 2025 this Court relied upon rate fixed by Reference
                                   -3-
                                                         910-FA-2473-2025

Court in L.A.R. No. 142 of 2013 as well as L.A.R. No. 671 of 2011 and

finding similarity in the lands which were subject matter of aforesaid

References, this Court accepted land value @ 4,629/- per R for acquired

land.



7.          Mr. Kakade, learned Advocate for appellant has placed on

record a copy of village map of Taluka Partur, which shows that village

Wahegaon Sopara (previously known as Wahegaon Satara) is adjacent to

village Ashti. The land which was under Reference in First Appeal No.

1924 of 2025 is from village Wahegaon Sopara, Tq. Partur. A bare look at

map shows that village Wahegaon Satara is adjacent to Ashti. Therefore,

rate fixed for lands at Ashti as well as Pandepokhari can be solely

considered for land at Wahegaon Sopara.



8.          It is trite that, if land is acquired for same purpose under

same award for same project, generally one and same rates should be

awarded to all landholders. In present case, this Court finds no reason to

depart from view taken in First Appeal No.1924 of 2025, wherein this

Court fixed rate of acquired land @ Rs.4,629/- per R.



9.          In light of aforesaid observations, First Appeal deserves to be

partly allowed. Hence, following order:
                                          -4-
                                                               910-FA-2473-2025

                                       ORDER

          (i)     The First Appeal is partly allowed.


          (ii)    The appellant is held entitled for compensation @ Rs.4,629/-
                  per R for semi irrigated land in tune with rate granted in
                  L.A.R. No. 671 of 2011, for acquired land.


          (iii)   The appellant shall not be entitled to interest and statutory
                  benefits for the delayed period, if any.


          (iv)    The appellant shall be entitled to interest under Sections 28
                  and 34 of the Land Acquisition Act, 1894 as per Full Bench
                  judgment of this Court in State of Maharashtra v. Kailash
                  Shiva Rangari reported in 2016 AIR (Bom) 141.


          (v)     Save and except aforesaid modification, impugned judgment
                  and award shall stand unaltered.


          (vi)    The award be drawn accordingly, on payment of deficit court
                  fees, if any.


          (vii) The Record and Proceedings be sent back to the Reference
                  Court.


                                                     (S. G. CHAPALGAONKAR)
                                                             JUDGE



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