Bombay High Court

SYED YOSUFFUDIN SYED BHAHODDIN AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR

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

Holding

The court held that, applying the parity principle, the appellants are entitled to compensation at Rs.1,101 per square meter, but are not entitled to interest or statutory benefits for the delay, except interest under Sections 28 and 34 as per State of Maharashtra v. Kailash Shiva Rangari.

Summary

The appellants challenged a 2016 award concerning land acquired in Beed district for a road project, seeking to increase compensation from Rs.250 to Rs.1,101 per square meter. The High Court noted that the matter was already decided in a prior appeal (First Appeal No.3100 of 2016) and applied the principle of parity to grant the higher rate. While the court allowed the enhanced compensation, it denied any interest or statutory benefits for the delay, except for interest under Sections 28 and 34 of the Land Acquisition Act as per a full bench judgment. The court ordered the decree to reflect the Rs.1,101 rate and directed the appellants to pay any deficit court fees. The original award, apart from these modifications, remains unchanged.

Issues considered

Whether the appellants are entitled to the enhanced compensation rate of Rs.1,101 per square meter on the basis of parity.
Whether interest and statutory benefits for the delayed period are payable to the appellants.
Whether Sections 28 and 34 of the Land Acquisition Act, 1894 apply for interest in this case.

Legislation cited

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

Subjects

land acquisition
compensation
parity principle
interest
statutory benefits
Section 28
Section 34
High Court of Bombay
appeal

Judgment

2026:BHC-AUG:7845

(1) 49 FA 2593 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

49 FIRST APPEAL NO. 2593 OF 2025

SYED YOSUFFUDIN SYED BHAHODDIN AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND
ANR
...
Mr. V. D. Bhise h/f. Mr. Pramod A. Pisal, Advocate for Appellants
Mr. S. N. Morampalle, AGP for Respondent/s-State
…

CORAM : SHAILESH P. BRAHME, J.
DATE : 20.02.2026

PER COURT :-
. Taken up for final disposal with the consent of the parties.

2. The appellants are challenging the judgment and award dated

05.11.2016 passed in LAR No.415 of 2011. The Reference Court enhanced the

compensation to Rs.250 per square meter which is sought to be further

enhanced to Rs.1,101/- per square meter.

3. Both sides are ad idem that the issue involved in the matter is no

more res integra as arising out of the selfsame acquisition, notification as well

as award, First Appeal No.3100 of 2016 preferred by the claimants was partly

allowed by reasoned order enhancing the rate to Rs.1,101/- per square meter.

I have gone through the judgment dated 10.09.2024 in First Appeal No.3100

of 2016. In the present matter also, land from village Bobade Taraf, Taluka
(2) 49 FA 2593 OF 2025

and District Beed was acquired for Beed – Mhalas Jawala Pimpalner Road.

Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter

referred to as ‘the Act’) was issued on 16.02.2005 and award was passed on

16.02.2006. Present case is squarely covered by the judgment rendered by this

Court. On the ground of parity, the appellants are entitled to receive the rate

of Rs.1,101/- per square meter.

4. I, therefore, pass following order :

ORDER

a. First Appeal is allowed partly.
b. The appellants are entitled to receive the rate of Rs.1,101/-
per square meter for the acquired property.
c. The appellants are not entitled to receive the interest as
well as statutory benefits for the delayed period.
d. The appellants are entitled to the receive the interest under
Section 28 and 34 of the Act as per full bench judgment of State
of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].
e. Save and except above modification, the impugned
judgment and award shall stand unaltered.
f. The appellants shall pay deficit court fees, if any.
g. Decree be drawn accordingly.

( SHAILESH P. BRAHME, J. )
PRW

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