Bombay High Court
PRAKASH BHAGWAN SAITWAL DIED THR LRS MADHURI PRAKASH SURYWANSHI AND ORSversusTHE COLLECTOR THR THE SPECIAL LAND ACQUISITION OFFICER 1 UTPH JALGAON AND ANR
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- SHAILESH P BRAHME
Holding
The Court held that the appellants are entitled to an enhanced compensation rate of Rs 3,00,000 per hectare but are not entitled to interest and statutory benefits for the delayed period, except interest under Sections 28 and 34 as per State of Maharashtra v. Kailash Shiva Rangari.
Summary
The appellants' lands in Khadgaon village were acquired for the Waghoor project and they were awarded compensation at a rate of Rs 1,80,000 per hectare by the reference court. They contended that, as held in earlier High Court decisions, the appropriate rate for dry land should be Rs 3,00,000 per hectare. The Court examined the earlier precedent (First Appeal No. 3111 of 2015) and found the appellants' claim for a higher rate justified, but rejected their claim for interest and statutory benefits for the delay, except for interest under Sections 28 and 34 as laid down in State of Maharashtra v. Kailash Shiva Rangari. Consequently, the Court partially allowed the appeals, enhanced the compensation rate, denied most interest claims, and confirmed the remainder of the reference court's award.
Issues considered
- Whether the compensation rate for dry land acquired for the Waghoor project should be enhanced from Rs 1,80,000 to Rs 3,00,000 per hectare.
- Whether the appellants are entitled to interest and statutory benefits for the period of delay in payment of compensation.
Legislation cited
- Maharashtra Land Acquisition Act — s. 28, 34
Subjects
- land acquisition
- compensation enhancement
- dry land
- interest under Section 28
- interest under Section 34
- Maharashtra
Judgment
2026:BHC-AUG:3094
1 12-FA.2940-24 (12+70).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
12 FIRST APPEAL NO. 2940 OF 2024
PRAKASH BHAGWAN SAITWAL DIED THR LRS MADHURI PRAKASH
SURYWANSHI AND ORS
VERSUS
THE COLLECTOR THR THE SPECIAL LAND ACQUISITION OFFICER 1
UTPH JALGAON AND ANR
WITH
FIRST APPEAL NO. 186 OF 2024
...
Advocate for Appellants : Mr. More Kumar Gaurav M.
AGP for Respondent/s-State : Mr. S. V. Hange.
...
AND
70 FIRST APPEAL NO. 2811 OF 2025
VASANT BABURAO SAITWAL
VERSUS
THE STATE OF MAHARASHTRA AND ANR
WITH
FIRST APPEAL NO. 2810 OF 2025
...
Advocate for Appellants : Mr. More Kumar Gaurav M.
AGP for Respondent/s-State : Mr. S. N. Morampalle.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 23.01.2026
FINAL ORDER :-
1. Heard both sides finally at the admission stage with consent of the
parties.
2. Being aggrieved by judgment and award dated 23.02.2017 passed in
L.A.R.No.736 of 2009, judgment and award 03.02.2017 passed in
L.A.R.No.156 of 2009, L.A.R.No.154 of 2009 appellants have preferred
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2 12-FA.2940-24 (12+70).odt
present first appeals. They have claimed compensation by adopting the rate
of Rs.3,00,000/- per hectare for dry land as it has been consistently upheld
by the High Court in the matters arising out of same project. Reliance is
placed on one of such order dated 05 th January, 2018 passed in First Appeal
No.3111 of 2015 and other connected matters.
3. Learned Assistant Government Pleaders oppose the submissions.
They would submit that appellants have failed to make out a case for
enhancement of compensation. The rate awarded by the Reference Court is
just and proper.
4. Appellants’ lands from village Khadgaon were acquired for Waghoor
project. For the self same project lands of various other persons were
acquired from village Hadgaon as well as villages in the vicinity. The
learned Single Judge has taken a view vide judgment and order dated
05.01.2018 in First Appeal No.3111 of 2015 with other connected matters
in the matter of Executive Engineer Waghoor Project Division Jalgaon Vs.
Narayan Sonu Barkale and another in granting rate of Rs. 3,00,000/- per
hectare for dry land. The said judgment has been consistently followed and I
also propose to adopt the same course. The appellants’ lands are dry land
and the rate given by the Reference Court that is Rs.1,80,000/- per hectare
is required to be enhanced to Rs.3,00,000/-. I, therefore, pass following
order.
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3 12-FA.2940-24 (12+70).odt
ORDER
(i) First Appeals are allowed partly.
(ii) The appellants shall be entitled to enhancement of rate from
Rs.1,80,000/- per hectare to Rs.3,00,000/- per hectare and
accordingly the compensation shall be computed.
(iii) The appellants shall not be entitled to interest and statutory
benefits for the delayed period.
(iv) The appellants shall be entitled to interest under Section 28 and
34 from the date of award as per law laid down in the judgment
of Full Bench in case of State of Maharashtra Vs. Kailash Shiva
Rangari [2016 AIR (Bom.) 141].
(v) Save and except above modification, rest of the judgment and
award passed by Reference Court shall stand confirmed.
(vi) The appellants shall pay deficit court fees, if any.
(vii) Record and proceeding be sent back to the concerned Court, if
any.
(viii) Award be drawn accordingly.
(SHAILESH P. BRAHME, J.)
...
vmk/-
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