Bombay High Court

SANJIVANI BABASAHEB KAVHALE (DIED) THR. LRS PRADIP BABASAHEB KAVHALEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The Court held that the appellants are entitled to a compensation rate of Rs.2400 per Are and interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act, but not for the delayed period.

Summary

The appellants, heirs of several deceased landowners, challenged the compensation awarded by the Reference Court for Jirayat and pot kharab lands acquired for the Nimmna Dudhana project in Jalna district. They claimed a higher compensation rate of Rs.2400 per Are on the ground of parity with an earlier judgment (First Appeal No.1896 of 2021). The State of Maharashtra opposed the claim, contending that the award of Rs.1500 per Are for Jirayat land and Rs.750 per Are for pot kharab land was proper. The Court examined the principle of parity and the precedent set in the 2021 order, and also considered the entitlement to interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act, referencing State of Maharashtra v. Kailash Shiva Rangari. It held that the appellants are entitled to the enhanced rate of Rs.2400 per Are and interest under the said sections, but not for the period of delay. Consequently, the appeals were partly allowed, the compensation rate was increased, interest was granted as per the precedent, and the original award was otherwise left unchanged.

Issues considered

Whether the appellants are entitled to an enhanced compensation rate of Rs.2400 per Are on the basis of parity with earlier judgments.
Whether interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act is payable to the appellants.
Whether interest for the delayed period can be claimed.

Legislation cited

Maharashtra Land Acquisition Act, 1960 — s. 28, 34

Subjects

land acquisition
compensation enhancement
parity principle
interest under land acquisition act
Jirayat land
pot kharab
appeal

Judgment

2026:BHC-AUG:2195

(1) FA-2037-25+++

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

22 FIRST APPEAL NO. 2037 OF 2025

DADARAO GANPATRAO KAVLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
AND
23 FIRST APPEAL NO. 2150 OF 2025

DATTARAO DADARAO KAVALE DIED THR LRS SARUBAI AND ANR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
AND
25 FIRST APPEAL NO. 3235 OF 2025

ANNA NARAYAN KAVALE DIED THR LRS DNYNOBA ANNA KAVLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
AND
26 FIRST APPEAL NO. 3236 OF 2025

ACHUTRAO SAHEBRAO KAVLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
AND
27 FIRST APPEAL NO. 3237 OF 2025

GANPAT GOVINDRAO KAVLE (DIED) THR. LRS SUNDAR GANPAT KAVALE
AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
AND
(2) FA-2037-25+++

74 FIRST APPEAL NO. 2486 OF 2025

SANJIVANI BABASAHEB KAVHALE (DIED) THR. LRS PRADIP BABASAHEB
KAVHALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
...
Shri. Kumar Gaurav More a/w. Shri. Firoj Ahmad Shirpurkar, Advocate for
Appellants in all F.A.
Shri. S. V. Hange, Shri. N. D. Raje and Shri. S. N. Morampalle, AGPs for
Respondent-s/State in respective F.A.
Mrs. Kalpalata Patil Bharaswadkar, Shri. R. A. Tambe, Shri. S. B. Kade,
Advocate for Acquiring Body in respective F.A.
…

CORAM : SHAILESH P. BRAHME, J.
DATE : 17.01.2026

FINAL ORDER :-
. Heard both sides finally.

2. These appeals can be decided by common order as they are

squarely covered by the consistent view taken by this Court. One such order

dated 05.01.2026 passed in First Appeal No.1896 of 2021 is placed on record.

On the ground of parity, the appellants are claiming enhancement to

Rs.2400/- per Are.

3. Following are the material particulars of the appeals :
(3) FA-2037-25+++

F.A.No. LAR No. Gut No. Area Land type Date of Date of Rate Rate
notification award granted by awarded by
u/s. 4 u/s.11 SLAO Reference
Court
2037 OF 2025 149/2012 74A 0H, 97R jirayat 13/05/1995 31/03/1999 623/R for 1500/-R for
70A 97R&0H, 03 jirayat jirayat 750/-
03R pot R pot 585/R for for pot
kharab kharab pot kharab kharab
1H, 69R jirayat
2150 OF 2025 150/2012 24/1-A 2H, 25R jirayat 13/05/1995 31/03/1999 531/R for 1500/-R for
jirayat jirayat
3235 OF 2025 166/2012 1/1-C 1H, 01R jirayat 13/05/1995 31/03/1999 625/R for 1500/-R for
jirayat jirayat
3236 OF 2025 151/2012 1/3A 1H, 08R& 1h, 08R & 13/05/1995 31/03/1999 587 for 1500/-R for
08R pot 08R pot jirayat jirayat 750/-
kharab kharab for pot
kharab
3237 OF 2025 150/2012 74/A 1H, 75R& 1H, 75R& 13/05/1995 31/03/1999 630/R for 1500/-R for
03R pot 03R pot jirayat jirayat
kharab kharab
2486 OF 2025 167/2012 22/2 1H, 93R& 1H, 93R& 13/05/1995 31/03/1999 585/R 1500/-R for
09R pot 09R pot jirayat jirayat 750/-
kharab kharab for pot
kharab

4. The submissions of the appellants are contested by the

respondents.

5. The lands from village Kedarwakadi, Taluka Mantha, District,

Jalna have been acquired for “Nimmna Dudhana” prject. The notification was

issued on 13.05.1995. Thereafter, award was passed on 31.03.1999. All lands

are Jirayat lands and some portions are classified as pot kharab. The Reference

Court enhanced the compensation to Rs.1500/- per Are for jirayat land and

Rs.750/- per Are for pot kharab land.

6. The present appeals are squarely covered by order dated

05.01.2026 passed in First Appeal No.1896 of 2021. In that case also, land
(4) FA-2037-25+++

from village Kedarwakadi was acquired. The notification was issued on

20.03.1995, preceding one year of 31.03.1996 for which the standard rate

was 2500/- per Are. The appellants are also entitled to have rate of Rs.2400/-

per Are.

7. I, therefore, pass following order :

ORDER

a. First Appeals are allowed partly.
b. The appellants shall be awarded rate of Rs.2400/- per Are.
c. The appellants shall be entitled to the interest under
Section 28 and 34 of the Act as per full Bench Judgment in State
of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].
d. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period.
e. Save and except above, the impugned judgment and award
passed by the Reference Court shall stand unaltered.
f. The appellants shall pay deficit court fees.
g. R and P be sent back to the Reference Court.
h. Award be drawn accordingly.

( SHAILESH P. BRAHME, J. )
PRW

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