Bombay High Court
BALCHAND DHAVAJI RATHODversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeal is partly allowed, fixing compensation at Rs.4,629 per R and limiting interest to that prescribed under Sections 28 and 34 of the Land Acquisition Act, 1894.
Summary
The appellant's land in Wahegaon Sopara, Jalna district was acquired for a percolation tank under the Land Acquisition Act, 1894, with an initial compensation of Rs.1,545 per R, later enhanced to Rs.3,500 per R by a Reference Court. The appellant challenged this award, arguing that a prior First Appeal (No.1924 of 2025) involving similar land and purpose fixed compensation at Rs.4,629 per R, and that the same rate should apply. The respondent contended that the lands were not comparable, being in a developed town versus a village. The High Court examined the village map, found the lands adjacent, and held that uniform rates should apply for identical projects, thereby adopting the Rs.4,629 per R rate. The Court partly allowed the appeal, granting the higher compensation, denying interest and statutory benefits for the delay, but allowing interest under Sections 28 and 34 as per a Full Bench judgment.
Issues considered
- The appropriate compensation rate for the acquired land in Wahegaon Sopara.
- Whether the appellant is entitled to interest and statutory benefits for the delayed payment.
Legislation cited
- Land Acquisition Act, 1894 — s. 11, 18, 28, 34, 4
Subjects
- land acquisition
- compensation
- reference court
- percolation tank
- interest
- statutory benefits
- precedent
- rate fixation
Judgment
2026:BHC-AUG:34795
-1-
914-FA-2487-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2487 OF 2025
BALCHAND DHAVAJI RATHOD
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND
OTHERS
......
Advocate for Appellant : Mr. S. M. Kakade a/w Mr. D. M. Kakade
AGP for Respondent - State : Mr. R. K. Ingole
...…
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
28.06.2019 passed by learned Civil Judge, Senior Division, Jalna /
Reference Court in Land Acquisition Reference No. 797 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-
914-FA-2487-2025
797 of 2012 under Section 18 of Land Acquisition Act. The Reference
Court, upon evaluation of evidence, enhanced compensation to
Rs.3,500/- per R for dry 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-
914-FA-2487-2025
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-
914-FA-2487-2025
ORDER
(i) The First Appeal is partly allowed.
(ii) The appellant is held entitled for compensation @ Rs.4,629/-
per R 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
Tandale
Checking your session…