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Bombay High Court

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD THR GMIDCversusHANMANT MANOHAR CHAUDHARI(WARIK) AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that the compensation rate fixed in the earlier LAR No. 432/2011 case may be applied to the present claimants to ensure equitable compensation, and interest under Section 34 is payable.

Summary

The Executive Engineer, Minor Irrigation Division, appealed against awards of compensation granted by a Special Land Acquisition Officer (Rs. 17,000 per hectare) which were later enhanced by reference courts to Rs. 50,000 per acre for seasonally irrigated lands. The claimants argued that the original compensation was inadequate and relied on earlier judgments that set higher rates, including a rate of Rs. 3,000 per R. for irrigated lands confirmed by this Court in FA No. 1918/2020. The Court examined whether the enhanced rates in the earlier case could be applied to the present appeals despite different notifications and villages. It held that, in the interest of justice, the rate from LAR No. 432/2011 (Rs. 3,000 per R. for irrigated lands) could be extended to the present claimants, though not as binding precedent. Consequently, the Court partly allowed the appeals of both the acquiring body and the claimants, fixing compensation at Rs. 3,000 per R. for irrigated lands, Rs. 2,250 per R. for seasonally irrigated lands, and Rs. 1,500 per R. for dry land, with interest under Section 34 of the Land Acquisition Act.

Issues considered

  • Whether the compensation awarded by the Special Land Acquisition Officer can be enhanced by reference courts without considering comparable sale instances.
  • Whether the rate of compensation fixed in a prior case (LAR No. 432/2011) can be applied to lands acquired under a different notification for the same project.
  • Whether interest under Section 34 of the Land Acquisition Act is payable on the enhanced compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation enhancement
  • reference court award
  • Section 34 interest
  • minor irrigation project
  • precedent application
  • judicial discretion

Judgment

2026:BHC-AUG:31920

                                                                          FA 2838/13
                                                  1

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                   25 FIRST APPEAL NO. 2838 OF 2013

                      THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. OBAD
                                             VERSUS
                         MANOHAR KRISHNA CHAUDHARI (WARIK) AND ANR
                                                ...
                                              WITH
                                  FIRST APPEAL NO. 2837 OF 2013
                                              WITH
                       CIVIL APPLICATION NO. 11841 OF 2022 IN FA/2887/2013

               THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD
                                         THR GMIDC
                                           VERSUS
                            ILIAS HAJIMOHAMAD QURESHI AND ANR
                                              …
                                            WITH
                                FIRST APPEAL NO. 2885 OF 2013

               THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD
                                         THR GMIDC
                                           VERSUS
                       HANMANT MANOHAR CHAUDHARI(WARIK) AND ORS
                                              …
                                            WITH
                                FIRST APPEAL NO. 2887 OF 2013
                                            WITH
                     CIVIL APPLICATION NO. 11634 OF 2018 IN FA/2887/2013

               THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD
                                           THR GMIDC
                                             VERSUS
                        ABDUL SHAKUR MAHEBOOBSAB QURESHI AND ANR
                                                …
                        Advocate for Appellants : Mr. Dheple Shantaram R.
                           AGP for Respondent/State : Mrs. A.S. Mantri
                      Advocate for Respondents/claimants : Mr. V.S. Tanwade
                                                …

                                    CORAM      : SIDDHESHWAR S. THOMBRE, J.
                                    Dated      : July 27, 2026

              PER COURT :-

              1.     Admit.

              2.     Heard finally with the consent of learned counsel for respective
                                                                  FA 2838/13
                                       2

parties.

3.     By the present appeals, the acquiring body challenge the judgments

and awards passed by the learned reference court in different land

acquisition references.

4.     The lands of the claimants involved in the present appeals were

acquired for the project Wadala Minor Irrigation Tank from different

villages. The notification under section 4 of the Land Acquisition Act came

to be published on 11.3.1993. The Special Land Acquisition Officer (SLAO)

passed the award dated 18.11.1996 and granted compensation at the rate

of Rs. 17,000/- per H. The claimants being aggrieved by the inadequate

compensation, preferred land acquisition references wherein the reference

court enhanced the compensation at the rate of Rs. 50,000/- per Acre for

seasonally irrigated lands i.e. for their acquired lands. Being aggrieved by

the same, the acquiring body has filed the present appeals.

5.     The learned counsel for the acquiring body in respective matters

submit that SLAO has granted compensation at the rate of Rs. 17,000/-

per H. and same was enhanced by the reference court by granting

compensation at the rate of Rs. 50000/- per Acre for seasonally irrigated

lands. He submits that the SLAO has already considered the comparable

sale   instances   from   the   adjoining   villages   and   rightly   granted

compensation, but the reference court without considering the same has

enhanced the compensation which needs to be set aside by allowing the

appeals filed by the acquiring body.

6.     Per contra, the learned counsel appearing for the original claimants

submits that the SLAO has granted very meager compensation and

therefore, the references were filed. Claimants have placed reliance on E
                                                                 FA 2838/13
                                        3

statement, Exh. 19, 7/12 extracts, Exh. 20, 21, 23, 25, 35 and 39 and the

sale instances Exh. 22 and 24. He submits that the acquiring lands though

seasonally   irrigated   lands,   the   SLAO   has   granted   very   meager

compensation and the reference court without considering the sale

instances has granted very inadequate compensation though they are

entitled to receive more enhancement.

7.    The learned counsel for the original claimants have tendered the

copy of the order dated 11.3.2026 passed by this Court in First Appeal No.

1918/2020 (The Ex. Engineer, Minor Irrigation Div. Osmanabad and Ors.

Vs. Mohan Maruti Dhole) in which judgment and award dated 18.8.2015

passed by the Civil Judge, Senior Division, Osmanabad in LAR No.

432/2011 is under challenge.      They submits that the above matter arise

from the same project and the reference court enhanced the compensation

by granting rate of Rs. 3000/- per R. for irrigated lands. They submit that

the said order was challenged by the acquiring body before this Court by

filing First Appeal No. 1918/2020 and this court vide order dated

11.3.2026 maintained the rate granted by the reference court, but

modified the award to the extent of interest u/s. 34 of the Act in view of

the law laid down by the Full Bench of this Court in the case of State of

Maharashtra Vs. Kailas Shiva Rangari, reported in 2016 (3) Mh.L.J. 457.

Therefore, they submit that when this court confirmed the award passed in

LAR No. 432/2011, the appeals filed by the acquiring body needs to be

dismissed and compensation needs to be enhanced in view of the above

judgment in LAR No. 432/2011 passed by the reference court which is also

confirmed by this court in FA No. 1918/2020.

8.    Having heard the learned counsel for the respective parties, I have
                                                                  FA 2838/13
                                       4

gone through the record and proceedings and also the judgment and

award of the reference court. There is no dispute about the fact that lands

in the present first appeals are acquired from village Takviki and other

villages. As regards the order on which claimants have placed reliance, the

lands are from village Bamani and the lands from the village Takviki and

Bamani are acquired for Wadala Tank by way of two different notifications.

However, the fact remains that the lands from different villages were

acquired for the same project. In view of the above, though different

notifications are issued, the lands were acquired from different villages for

the same project, I find that in the interest of justice, the rate granted in

LAR No. 432/2011 by the reference court can be considered for

enhancement in appeals filed by the original claimants though it cannot be

considered as binding precedent. Therefore, in my view the claimants from

the present appeals are also entitled to get the same rate as was granted

in LAR NO. 432/2011, which is confirmed by this Court in First Appeal No.

1918/2020. Hence, I pass the following order

                                  ORDER

(i)     The appeals filed by the acquiring body are partly allowed.

(II)    The appeals filed by the original claimants are also partly allowed

and the claimants are entitled to receive compensation at the rate of

Rs.3000/- per R. for irrigated lands, Rs. 2250/- per R. for seasonally

irrigated lands, Rs. 1500/- per R. for dry land as classified by the reference

court, with all the statutory benefits available under the Land Acquisition

Act.

(III)   As regards interest and other statutory benefits are concerned, the

claimants are entitled to receive the interest in view of the law laid down
                                                                 FA 2838/13
                                       5

by the Full Bench of this Court in the case of      State of Maharashtra Vs.

Kailas Shiva Rangari (supra).

(IV)   The impugned judgments and awards are modified accordingly.

(V)    The claimants to pay the deficit court fees, if any, for enhanced

compensation.

(VI)   Pending Civil Applications, if any, are disposed of.



                                           ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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