Bombay High Court

THE STATE OF MAHARASHTRA AND OTHERSversusRAMA BHIVA POKALE AND ANOTHER

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court partially allowed both the State’s and claimants’ appeals, directing interest to be calculated from the date of the award under Section 11 and fixing enhanced compensation at Rs.6,00,000 per hectare for the semi‑irrigated lands.

Summary

The High Court of Bombay, Aurangabad bench dealt with a large group of appeals arising from a common judgment of the Civil Judge, Senior Division, Sangamner, concerning land acquired for the Ghatghar Hydro Electric Project. The State of Maharashtra sought to uphold the original compensation of Rs.360‑400 per R, while the claimants argued that the lands were semi‑irrigated and deserved a higher rate, relying on sale deeds from adjacent villages. The Reference Court had enhanced compensation to Rs.2,00,000 per hectare without detailed reasoning and granted interest from the Section 4 notification date. The Court examined the adequacy of the comparative sale evidence, the classification of the land, and the proper date for interest under the Land Acquisition Act. It held that the Reference Court erred in both the compensation rate and the interest calculation. Consequently, the Court partially allowed the State’s appeal on interest, directed interest to be computed from the date of the award under Section 11, and partially allowed the claimants’ appeal by fixing enhanced compensation at Rs.6,00,000 per hectare for semi‑irrigated land, with statutory benefits.

Issues considered

The adequacy of the comparative sale instances used to determine compensation
Whether the acquired lands should be classified as dry or semi‑irrigated
The correct rate of enhanced compensation for semi‑irrigated land
The appropriate date from which interest on compensation should accrue under the Land Acquisition Act
The correctness of the Reference Court’s reasoning in enhancing compensation

Legislation cited

Land Acquisition Act, 1894 — s. 11, 4

Subjects

land acquisition
compensation enhancement
interest calculation
semi‑irrigated land
comparative sale
hydroelectric project
Section 4
Section 11
reference court

Judgment

2026:BHC-AUG:34604
913.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

913 FIRST APPEAL NO. 2552 OF 2019
The State of Maharashtra And Others
VERSUS
Dhawalabai Rawaji Khadke And Another
…..
WITH
FIRST APPEAL NO. 2907 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12578 OF 2021 IN FA/2907/2021
Ganga Raghu Khadke And Ors
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
…..
WITH
FIRST APPEAL NO. 2554 OF 2019
The State Of Maharashtra And Others
VERSUS
Nawasu Deu Songal
….
WITH
FIRST APPEAL NO. 2555 OF 2019
The State Of Maharashtra And Others
VERSUS
Laxman Deu Khadke And Another
….
WITH
FIRST APPEAL NO. 2553 OF 2019
The State Of Maharashtra And Others
VERSUS
Dhawala Kanalu Kevari Lrs Soma And Others
….
WITH
FIRST APPEAL NO. 2560 OF 2019
The State Of Maharashtra And Others
VERSUS
Gangubai Rama Khadkethr Lrs Vithabai And Others
….
WITH

1
913.odt

FIRST APPEAL NO. 2908 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12589 OF 2021 IN FA/2908/2021
Pandu Raghu Wagh And Ors.
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors.
….
WITH
FIRST APPEAL NO. 2558 OF 2019
The State Of Maharashtra And Others
VERSUS
Govinda Rama Khadke
…..
WITH
FIRST APPEAL NO. 2557 OF 2019
The State Of Maharashtra And Others
VERSUS
Vithabai Laxman Gangad
….
WITH
FIRST APPEAL NO. 2562 OF 2019
The State Of Maharashtra And Others
VERSUS
Rahibai Laxman Khadke
….
WITH
FIRST APPEAL NO. 2895 OF 2021
Dhawala Kamalu Kevari (deceased) Thr Lrs. Soma Dhawala
Kevari And Others
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar And
Others
…..
WITH
FIRST APPEAL NO. 2896 OF 2021
Barku Rama Songal
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar &
Others
…..
WITH

2
913.odt

FIRST APPEAL NO. 2897 OF 2021
Govinda Rama Khadke
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar And
Others
…..
WITH
FIRST APPEAL NO. 2898 OF 2021
Gangubai Khema Pokale
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
….
WITH
FIRST APPEAL NO. 2899 OF 2021
Vithabai Laxman Gangad
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar And
Others
….
WITH
FIRST APPEAL NO. 2900 OF 2021
Gangubai Rama Khadke (deceased), Thr Lrs. Vithabai And Others
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar And
Others
….
WITH
FIRST APPEAL NO. 2901 OF 2021
Rahibai Laxman Khadke
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar And
Others
…..
WITH
FIRST APPEAL NO. 2902 OF 2021
Tukaram Chima Pokale And Others
VERSUS

The State Of Maharashtra Through Collector, Ahmednagar And
Others
….

3
913.odt

WITH
FIRST APPEAL NO. 2903 OF 2021
Laxman Deu Khadke And Another
VERSUS
The State Of Maharashtra Through Collector, Ahmednagar And
Others
…..
WITH
FIRST APPEAL NO. 2904 OF 2021
Dhawalabai Rawaji Khadke And Anr
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
…..
WITH
FIRST APPEAL NO. 2906 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12576 OF 2021
IN FA/2906/2021
Parvatabai Kusa Gudnar (died) Thr Lrs Bhagwan And Ors
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
…..
WITH
FIRST APPEAL NO. 2563 OF 2019
The State Of Maharashtra And Others
VERSUS
Tukaram Chima Pokale And Others
….
WITH
FIRST APPEAL NO. 2909 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12593 OF 2021 IN FA/2909/2021
Deoji Rama Khadke (died) Thr Lrs Thaka And Ors
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
…..
WITH
FIRST APPEAL NO. 2910 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12591 OF 2021 IN FA/2910/2021

4
913.odt

Rama Bhiva Pokale (died) Thr Lrs Laxman And Ors
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
….
WITH
FIRST APPEAL NO. 2911 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12586 OF 2021 IN FA/2911/2021
Chima Kusa Nirgude And Ors
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors.
…..
WITH
FIRST APPEAL NO. 2913 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 12579 OF 2021 IN FA/2913/2021
Ramchandra Savleram Khadke (died) Thr Lrs. Mahesh (died)
Damu And Ors
VERSUS
The State Of Maharashtra Thr Collector, Ahmednagar And Ors
….
WITH
FIRST APPEAL NO. 2561 OF 2019
The State Of Maharashtra And Others
VERSUS
Pandu Bhoru Khadke And Others
….
WITH
FIRST APPEAL NO. 2556 OF 2019
The State Of Maharashtra And Others
VERSUS
Gangubai Khema Pokale
…..
WITH
FIRST APPEAL NO. 2559 OF 2019
The State Of Maharashtra And Others
VERSUS
Barku Rama Songal
…..
WITH
FIRST APPEAL NO. 2641 OF 2021

5
913.odt

ALONG WITH
CIVIL APPLICATION NO. 7788 OF 2013 IN FA/2641/2021
CIVIL APPLICATION NO. 11975 OF 2024 IN FA/2641/2021
The State Of Maharashtra And Others
VERSUS
Ganga Raghu Khadke And Others
…..
WITH
FIRST APPEAL NO. 2642 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7812 OF 2013 IN FA/2642/2021
CIVIL APPLICATION NO. 11984 OF 2024 IN FA/2642/2021
The State Of Maharashtra And Others
VERSUS
Pandu Raghu Wagh And Others
….
WITH
FIRST APPEAL NO. 2643 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7792 OF 2013 IN FA/2643/2021
CIVIL APPLICATION NO. 11981 OF 2024 IN FA/2643/2021
The State Of Maharashtra And Others
VERSUS
Kawaji Rawaji Songal And Others
….
WITH
FIRST APPEAL NO. 2644 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7782 OF 2013 IN FA/2644/2021
CIVIL APPLICATION NO. 11942 OF 2024 IN FA/2644/2021
The State Of Maharashtra And Others
VERSUS
Sakhubai Mahadu Bartad And Another
….
WITH
FIRST APPEAL NO. 2645 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7817 OF 2013 IN FA/2645/2021
CIVIL APPLICATION NO. 11985 OF 2024 IN FA/2645/2021
The State Of Maharashtra And Others
VERSUS

6
913.odt

Parvatabai Kusa Gudnar And Others
….
WITH
FIRST APPEAL NO. 2648 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7772 OF 2013 IN FA/2648/2021
CIVIL APPLICATION NO. 11943 OF 2024 IN FA/2648/2021
The State Of Maharashtra And Others
VERSUS
Kusa Ganga Pokale And Others
….
WITH
FIRST APPEAL NO. 2649 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7810 OF 2013 IN FA/2649/2021
CIVIL APPLICATION NO. 11976 OF 2024 IN FA/2649/2021
The State Of Maharashtra And Others
VERSUS
Chima Kusa Nirgude And Others
….
WITH
FIRST APPEAL NO. 2650 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 11950 OF 2024 IN FA/2650/2021
CIVIL APPLICATION NO. 7778 OF 2024 IN FA/2650/2021
The State Of Maharashtra And Others
VERSUS
Ramchandra Savleram Khadke And Others
….
WITH
FIRST APPEAL NO. 2651 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 11974 OF 2024 IN FA/2651/2021
CIVIL APPLICATION NO. 7776 OF 2013 IN FA/2651/2021
The State Of Maharashtra And Others
VERSUS
Rama Bhiva Pokale And Another
….
WITH
FIRST APPEAL NO. 2640 OF 2021
ALONG WITH

7
913.odt

CIVIL APPLICATION NO. 7768 OF 2013 IN FA/2640/2021
CIVIL APPLICATION NO. 11983 OF 2024 IN FA/2640/2021
The State Of Maharashtra And Others
VERSUS
Vitthal Alu Pokale And Others
….
WITH
FIRST APPEAL NO. 2646 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7806 OF 2013 IN FA/2646/2021
CIVIL APPLICATION NO. 11980 OF 2024 IN FA/2646/2021
The State Of Maharashtra And Others
VERSUS
Deoji Rama Khadke
….
WITH
FIRST APPEAL NO. 2647 OF 2021
ALONG WITH
CIVIL APPLICATION NO. 7774 OF 2013 IN FA/2647/2021
CIVIL APPLICATION NO. 11977 OF 2024 IN FA/2647/2021
The State Of Maharashtra And Others
VERSUS
Mahadu Rama Pokale And Another
…..
WITH
FIRST APPEAL NO. 2561 OF 2019

The State Of Maharashtra And Others
VERSUS
Pandu Bhoru Khadke and Ors.
….
WITH
FIRST APPEAL NO. 2555 OF 2019

The State Of Maharashtra And Others
VERSUS
Laxman Deu Khadke and Ors.
….
WITH
FIRST APPEAL NO. 2905 OF 2021
ALONG WITH
CIVIL APPLICATION NO.12596 OF 2021 IN FA/2905/2021

8
913.odt

Kusa Ganga and Ors.
VERSUS
The State Of Maharashtra And Others
….
WITH
FIRST APPEAL NO. 2912 OF 2021
ALONG WITH
CIVIL APPLICATION NO.12583 OF 2021 IN FA/2912/2021
Mahadu Rama Pokale and Ors.
VERSUS
The State Of Maharashtra And Others
….
FIRST APPEAL (STAMP) NO. 32748 OF 2021
ALONG WITH
CIVIL APPLICATION NO.13942 OF 2021 IN FAST/32748/2021
CIVIL APPLICATION NO.13943 OF 2021 IN FAST/32748/2021
Pandu Bhoru Khadke and Ors.
VERSUS
The State Of Maharashtra And Others
…..
FIRST APPEAL (STAMP) NO. 33084 OF 2021
ALONG WITH
CIVIL APPLICATION NO.13948 OF 2021 IN FAST/33084/2021
CIVIL APPLICATION NO.13949 OF 2021 IN FAST/33084/2021
Vitthal Alu Pokale and Ors.
VERSUS
The State Of Maharashtra And Others
….
FIRST APPEAL (STAMP) NO. 33088 OF 2021
ALONG WITH
CIVIL APPLICATION NO.13946 OF 2021 IN FAST/33088/2021
CIVIL APPLICATION NO.13947 OF 2021 IN FAST/33088/2021
Sakhubai Bartad and Ors.
VERSUS
The State Of Maharashtra And Others
….
FIRST APPEAL (STAMP) NO. 33081 OF 2021
ALONG WITH
CIVIL APPLICATION NO.13944 OF 2021 IN FAST/33081/2021
CIVIL APPLICATION NO.13945 OF 2021 IN FAST/33081/2021

9
913.odt

Kawaji Rawaji Songal and Ors.
VERSUS
The State Of Maharashtra And Others
______________________________________________________________
Appearance in all Appeals
Mr. S. M. Ganachari, AGP for the Appellants – State in Appeals by
State
Mr. G. B. Rajale h/f Mr. R. K. Temkar, Advocate for the respective
Respondents / Claimants in Appeals by Claimants
______________________________________________________________

CORAM : NEERAJ P. DHOTE, J.
DATE : 06.08.2026

COMMON ORDER :

1. Not on Board. Upon mentioning, First Appeal Nos.2561/2019
and 2555/2019 by the State and First Appeal Nos.2905/2021,
2912/2021 as well as First Appeal (Stamp) Nos.32748/2021,
33084/2021, 33088/2021 and 33081/2021 by the Claimants are
taken on Board, as the connected Appeals are listed.

2. Since the Appeals by the State and by the Claimants are
against one and the same common Judgment dated 27.02.2012,
passed by the learned Civil Judge, Senior Division, Sangamner, in
a group of Land Acquisition Reference Applications (LARs),
common evidence is led by the Claimants before the learned
Reference Court and common submissions are advanced, they are
decided by this common order.

3. The following Chart gives the necessary details in respect of
the acquired lands : -

10
913.odt

Sr. First First L.A.R. Area Rate granted Rate granted by the
No. Appeals Appeals by No. by the SLO Reference Court
by State Claimants
1. 2552/2019 2904/2021 78/2002 1 H. 50 Rs.36,000/- Rs.2,00,000/- per
[Phawalabai R. to Hector in each
Khadke & Rs.40,000/- matter
Ors.] per Hector in
each matter
2. 2556/2019 2898/2021 80/2002 22.9 R. Rs.36,000/- Rs.2,00,000/- per
[Gangubai to Hector in each
Khema Rs.40,000/- matter
Pokale] per Hector in
each matter
3. 2563/2019 2902/2021 82/2002 1 H. 56 Rs.36,000/- Rs.2,00,000/- per
[Tukaram C. R. to Hector in each
Pokale] Rs.40,000/- matter
per Hector in
each matter
4. 2562/2019 2901/2021 83/2002 99.9 R. Rs.36,000/- Rs.2,00,000/- per
[Rahibai L. to Hector in each
Khadke] Rs.40,000/- matter
per Hector in
each matter
5. 2561/2019 F.A. St. 84/2002 4 H. 52 Rs.36,000/- Rs.2,00,000/- per
No.32748/2 R. to Hector in each
021 Rs.40,000/- matter
[Pandu per Hector in
Bhoru each matter
Khadke]

6. 2555/2019 2903/2021 85/2002 38.5 R. Rs.36,000/- Rs.2,00,000/- per
[Laxman to Hector in each
Deu Rs.40,000/- matter
Khadke] per Hector in
each matter
7. 2558/2019 2897/2021 87/2002 24 R. Rs.36,000/- Rs.2,00,000/- per
[Govinda to Hector in each
Rama Rs.40,000/- matter
Khadke] per Hector in
each matter
8. 2559/2019 2896/2021 89/2002 42.6 R. Rs.36,000/- Rs.2,00,000/- per
[Barku R. to Hector in each
Songal] Rs.40,000/- matter
per Hector in
each matter

9. 2557/2019 2899/2021 98/2002 50.6 R. Rs.36,000/-to Rs.2,00,000/- per
[Vithabai Rs.40,000/- Hector in each
Laxman per Hector in matter
Gangad & each matter
ors.]

11
913.odt

10. 2560/2019 2900/2021 101/2002 3 H. 89 Rs.36,000/- Rs.2,00,000/- per
[Gangabai R. to Hector in each
R. Khadke] Rs.40,000/- matter
per Hector in
each matter
11. 2554/2019 -- 103/2002 19.1 R. Rs.36,000/- Rs.2,00,000/- per
to Hector in each
Rs.40,000/- matter
per Hector in
each matter
12. 2553/2019 2895/2021 104/2002 19 R. Rs.36,000/- Rs.2,00,000/- per
[Dawale to Hector in each
Kamalu Rs.40,000/- matter
Kaveri] per Hector in
each matter
13. 2640/2021 F.A. St. 79/2002 32.9 R. Rs.36,000/- Rs.2,00,000/- per
No.33084/2 to Hector in each
021 Rs.40,000/- matter
[Vitthal Alu per Hector in
Pokale] each matter

14. 2641/2021 2907/2021 86/2002 88 R. Rs.36,000/- Rs.2,00,000/- per
[Ganga to Hector in each
Raghu Rs.40,000/- matter
Khadke] per Hector in
each matter
15. 2650/2021 2913/2021 88/2002 24.2 R. Rs.36,000/- Rs.2,00,000/- per
[Ramchandr to Hector in each
a Savleram Rs.40,000/- matter
Khadke] per Hector in
each matter
16. 2648/2021 2905/2021 90/2002 48 R. Rs.36,000/- Rs.2,00,000/- per
(Kusa to Hector in each
Ganga] Rs.40,000/- matter
per Hector in
each matter
17. 2642/2021 2908/2021 99/2002 1 H. 46 Rs.36,000/- Rs.2,00,000/- per
[Pandu R. to Hector in each
Raghu Rs.40,000/- matter
Wagh] per Hector in
each matter
18. 2649/2021 2911/2021 100/2002 1 H. 74 Rs.36,000/-to Rs.2,00,000/- per
[Chima R. Rs.40,000/- Hector in each
Kusa & per Hector in matter
Ors.] each matter
19. 2644/2021 F.A. St. 102/2002 69 R. Rs.36,000/- Rs.2,00,000/- per
No.33088/2 to Hector in each
021 Rs.40,000/- matter
[Sakhubai per Hector in
Bartad & each matter
Ors.]

12
913.odt

20. 2645/2021 2906/2021 105/2002 3 H. 50 Rs.36,000/- Rs.2,00,000/- per
[Parvatabai R. to Hector in each
Kusa] Rs.40,000/- matter
per Hector in
each matter
21. 2651/2021 2910/2021 106/2002 4 H. 88 Rs.36,000/- Rs.2,00,000/- per
[Rama B. R. to Hector in each
Pokale] Rs.40,000/- matter
per Hector in
each matter
22. 2647/2021 2912/2021 107/2002 33.4 R. Rs.36,000/- Rs.2,00,000/- per
[Mahadu to Hector in each
Rama Rs.40,000/- matter
Pokale] per Hector in
each matter
23. 2646/2021 2909/2021 108/2002 62 R. Rs.36,000/- Rs.2,00,000/- per
[Deoji Rama to Hector in each
Khadke] Rs.40,000/- matter
per Hector in
each matter
24. 2643/2021 F.A. St. 109/2002 19.3 R. Rs.36,000/- Rs.2,00,000/- per
No.33081/2 to Hector in each
021 Rs.40,000/- matter
[Kawaji per Hector in
Rawaji each matter
Songal]

4. The aforesaid lands came to be acquired for the Ghatghar
Hydro Electric Project at Ghatghar, Taluka – Akole, District –
Ahmednagar, vide File No. LAQ/SR/2-A/1992. The notification
under Section 4 of the Land Acquisition Act, 1894 (hereinafter
referred to as ‘the L. A. Act’) was issued on 18.03.1997 and the
final Award came to be declared on 24.03.2000. The Special Land
Acquisition Officer (hereinafter referred to as ‘the SLAO’) awarded
the compensation within the range of Rs.360/- to 400/- per R. by
considering the acquired lands as dry. The Claimants filed the
aforesaid reference applications for enhancing the compensation
and led the evidence in LAR No.106/2002 for all the reference
applications as can be seen from the observations in Paragraph
No.7 of the Judgment passed by the learned Reference Court. The
Claimants relied on three (03) sale instances below Exhibits – 38,

13
913.odt

39 and 40 from the adjoining villages. The learned Reference Court
enhanced the compensation at Rs.2,00,000/- per Hectare.

5. Heard the learned AGP for the State and the learned
Advocate for the Claimant/s. With their assistance, perused the
papers of lead First Appeal No.2552/2019.

[A] It is submitted by the learned AGP that, the sale instances
brought on record by the Claimants, before the learned Reference
Court, were not from the village where the acquired lands were
situated. The said sale instances were from the different villages,
and therefore the same cannot be called as the comparable sale
instances. He further submits that, the learned Reference Court
gave no reasons at all for enhancing the compensation to
Rs.2,00,000/- per Hectare. The SLAO had rightly categorized the
acquired lands and determined the compensation. He further
submits that, the learned Reference Court has granted the interest
from the date of Section 4 notification, which is contrary to the
decision of this Court in the case of State of Maharashtra Vs.
Kailash Shiva Rangari; 2016 (4) All MR 513. He submits that,
the Appeals filed by the State be allowed and the Appeals filed by
the Claimants be dismissed. In support of his submissions, he
relied on the Judgment in Vithal Rao and Another Vs. Special
Land Acquisition Officer; (2017) 8 SCC 558, wherein, it is
observed that, the sale instances are required to be comparative
sale instances of nearby / adjacent area and the sale should be
proximite to the date of acquisition, possessing similar advantages.

14
913.odt

[B] It is submitted by the learned Advocate for the Claimants
that, since no sale instance from the same village was available,
the Claimants brought on record the aforesaid sale instances from
the adjacent villages, i.e. Rozur and Sakhirwadi. The said sale
instances were proximate in time with the Section 4 notification
and were found to be comparable sale instance by the learned
Reference Court. He further submits that, the land under the sale
instances were undisputedly dry lands and the learned Reference
Court by considering the existence of well in the acquired property
and the cropping pattern, considered the acquired lands as semi-
irrigated. He submits that, though the average rates of the said
sale deeds were calculated as Rs.4,00,000/- per Hectare for the dry
lands, the learned Reference Court without any reasons enhanced
the compensation to Rs.2,00,000/- per Hectare. He submits that,
the enhanced compensation was contrary to the evidence on record
and the compensation be enhanced to Rs.6,00,000/- per Hectare. He
submits that, there can be no dispute in respect of the settled legal
position in the said case of State of Maharashtra Vs. Kailash Shiva
Rangari (supra) that, the interest should be calculated from the
date of final award under Section 11 of the L. A. Act. He submits
that, the Appeals filed by the State be dismissed and the Appeals
filed by the Claimants be allowed. In support of his submissions,
he relied on the decision in Udho Dass Vs. State of Haryana
and Others; (2010) 12 SCC 51, wherein, it is observed that, the
aspect of potentiality of the acquired lands can be contended at the
appellate stage, and further contended that, the purpose of
acquisition was commercial, as the electricity generated by the
hydroelectric project was sold to the consumers.

15
913.odt

6. There is no dispute in respect of the extent of acquired lands
and the purpose, for which the lands are acquired. The purpose for
acquisition undisputedly was for generation of hydro electricity.
There cannot be any dispute on the settled legal principles that, it
is for the Claimants to establish their case for enhanced
compensation by adducing the evidence. In support of their claim
for enhanced compensation, the Claimants brought on record the
certified copies of the sale instances below Exhibits – 38, 39 and 40,
which were dated 30.07.1997, 01.07.1997 and 12.09.1996,
respectively. Section 4 notification is dated 18.03.1997. The learned
Reference Court found the said sale instances within the
reasonable period of issuance of Section 4 notification, as is clear
from the Paragraph No.19 of the Judgment. The said sale
instances were from villages Rajur and Sakharwadi. The
observations from Paragraph No.15 of the Judgment goes to show
that, the said villages are nearby and adjacent to the acquired
lands. The case of the Claimants that, no sale instances were
available from the village – Ghatghar, it supported by the
observations in Paragraph No.15 of the Judgment, wherein, the
learned Reference Court noted that, the SLAO considered the sale
transaction of nearby village within period of 1961 to 1981, as
there was no sale-purchase transaction during the relevant period
of village – Ghatghar. Therefore, the consideration of the sale
instances below Exhibits – 38, 39 and 40 by the learned Reference
Court cannot be faulted. On the basis of these undisputed factual
aspects of the matters, no assistance can be drawn by the learned
AGP from the said decision in Vithal Rao and Another Vs. Special
Land Acquisition Officer (supra).

16
913.odt

5. The observations in Paragraph No.14 of the Judgment goes to
show that, the learned Reference Court noted the existence of well
in the acquired lands and also noted that, the Claimants had taken
the crops like Rice, Groundnut, Jawar and Bajara etc. and
considered the acquired lands as seasonally irrigated. With the
said observations that, there was well in the acquired lands and
the cropping pattern, no fault can be found with the learned
Reference Court in considering the acquired land as seasonally
irrigated land.

6. While considering the said three (03) sale instances, the
learned Reference Court found the average rate of the said sale
deeds as Rs.4,00,000/- per Hectare for dry lands. The observations
in Paragraph No.16 of the Judgment goes to show that, the learned
Reference Court considered the well settled principles that, the
rate of the irrigated land should be double the rate of the dry land,
and noted that, for the irrigated land, the rate should be
Rs.8,00,000/- per Hectare. When the learned Reference Court had
come to the conclusion that, the rate for the dry lands at the
relevant time was Rs.4,00,000/- per Hectare, absolutely no reason
or justification is given to enhance the compensation at
Rs.2,00,000/- per Hectare, though the acquired lands were held to
be semi-irrigated land. Considering the observations of the learned
Reference Court from the Judgment, it is clear that, the learned
Reference Court has misdirected itself in not determining the
enhanced rate of Rs.6,00,000/- per Hectare for the semi-irrigated
land. The observation in the Judgment by the learned Reference
Court, clearly goes to show that, the Claimants were successful in
establishing that, the acquired lands were semi-irrigated and the

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913.odt

market rate at the relevant was Rs.4,00,000/- per Hectare for dry
lands and consequently, they were entitled for the compensation of
Rs.6,00,000/- per Hectare for the semi-irrigated lands.

7. The operative order of the Judgment by the learned Reference
Court goes to show that, the interest is granted from the date of
Section 4. This Court in the case of State of Maharashtra Vs.
Kailash Shiva Rangari (supra) has held that, the interest is to be
computed from the date of award under Section 11 of the L. A. Act.
Thus, the same part of the Judgment by the learned Reference
Court needs modification. According to the learned Advocate for
the Claimants, the Claimants belong to the tribe, and are
exempted from paying the court fees.

8. In view of the above, I proceed to pass the following order :-

ORDER

[a] The Appeals filed by the State are partly allowed to
the extent of interest.

[b] The Claimants shall be entitled for the interest from
the date of Section 11 award under the L. A. Act and
not from the Section 4 notification.

[c] The Appeals filed by the Claimants are partly
allowed to the extent of the enhanced compensation.

[d] The Claimants shall be entitled for enhanced
compensation at Rs.6,00,000/- per Hectare for the
semi-irrigated lands, along with statutory benefits.

[e] The amount of compensation be calculated as per this
modified Award. Thereafter, the Claimants are at
liberty to withdraw the amount under the
compensation along with interest accrued thereon,
which is deposited by the State.

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[f] Excess amount, if any after calculation, be refunded
to the State.

[g] The aspect of the Court fees be dealt with as per
rules.

[h] The State is expected to deposit the enhanced
compensation, if any, within a period of six (06)
months.

[i] The Record and Proceedings (R & P) be sent back to
the learned Reference Court.

[j] Pending Civil Applications, if any, stand disposed off
accordingly.

[NEERAJ P. DHOTE, J.]

Sameer/August-2026

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