Bombay High Court
STATE OF MAHA and ORSversusBASWARAJ VIRAPPA KARBHARI
- Disposal
- DISMISSED
- Bench
- SANJAY A DESHMUKH
Holding
The Court allowed the appeals seeking enhanced compensation, modified the award to Rs.1,20,000 per acre for irrigated lands and Rs.60,000 per acre for non‑irrigated lands with interest, but denied statutory benefits for the period of condoned delay.
Summary
The claimants' lands in Murum village were acquired under a notification issued pursuant to Section 4 of the Land Acquisition Act, 1894, and the Land Acquisition Officer initially awarded compensation of Rs.14,000 and Rs.12,000 per hectare. The learned Land Reference Court later increased the award to Rs.36,000, Rs.16,000 and Rs.35,000 per acre for the respective claimants. The appellants filed three appeals (First Appeal Nos. 4291 of 2008, 152 of 2009 and Cross‑Objection No. 5664 of 2015) seeking further enhancement to Rs.1,20,000 per acre for irrigated land and Rs.60,000 per acre for non‑irrigated land, together with statutory benefits. The State opposed the appeals, arguing that the earlier awards should stand. The High Court allowed the three appeals, partially set aside the impugned award, granted the enhanced compensation with interest at 9% for the first year and 15% thereafter, but held that no solatium or interest is payable for the period of delay condoned by the Court. The Court dismissed a fourth appeal (First Appeal No. 2979 of 2009) and directed the State to deposit the enhanced amounts within twelve weeks.
Issues considered
- Whether the claimants are entitled to enhanced compensation beyond the award of the Land Reference Court.
- Whether interest and other statutory benefits are payable on the enhanced compensation.
- Effect of condoned delay on entitlement to solatium, interest and other statutory benefits.
Legislation cited
- Land Acquisition Act, 1894 — s. 4
Subjects
- land acquisition
- compensation enhancement
- interest on compensation
- solatium
- delay condonation
- statutory benefits
- Land Reference Court
Judgment
2026:BHC-AUG:14217
927-fa-4291-2008+
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.4291 OF 2008
Mahaveer s/o Baliram Ambar
(Died) through his L.Rs.
1. Smt. Mandodari Mahaveer Ambar,
Age: 52 years, Occu. Agri,
R/o: Murum, Tq. Omerga,
Dist. Osmanabad.
2. Dhananjay Mahaveer Ambar
Age: 26 years, Occu: Agri,
R/o: As above.
3. Gajanan Mahaveer Ambar
Age: 22 years, Occu. Agri,
R/o: As above.
4. Kum. Madhuri Mahaveer Ambar
Age: 25 years, Occu. Agri,
R/o: As above.
…..APPELLANTS
(Orig. claimants)
VERSUS
The State of Maharashtra
Through the Collector,
Osmanabad.
…..RESPONDENT
(Orig. Respondent)
AND
FIRST APPEAL NO. 152 OF 2009
1. Ravindra s/o madhavrao Amber (died)
Through Legal representatives
1/1. Kesharbai w/o Ravindra Amber (died)
1/2. Hanmantrao s/o Ravindra Amber (died)
Through Legal representative.
927-fa-4291-2008+
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1/2/A. Smt. Bhagyashri w/o Hanmantrao Amber
Age: 48 years, Occ. Agril and housewife.
1/2/B. Vaibhav S/o Hanmantrao Amber
Age: 30 years, Occ. Education.
1/3/C. Manthan s/o Hanmantrao Amber
Age: 27 years, Occ. Education.
All R/o Murum, Tal. Omerga
District: Osmanabad.
…..APPELLANTS
VERSUS
The State of Maharashtra
Through the Collector,
Osmanabad.
…..RESPONDENT
AND
CROSS OBJECTION ST. NO.5664 OF 2015
Baswaraj s/o Virappa Karbhari
Age: 57 years, Occu: Agril,
R/o Murum Tq. Omerga Dist. Osmanabad
…..CROSS OBJECTOR
(Orig. Claimant)
VERSUS
1. The State of Maharashtra
Through the Collector,
Osmanabad.
2. The Executive Engineer,
(Medium Project),
(Majbutikaran Division)
At Omerga, Dist. Osmanabad.
…..RESPONDENTS
IN
FIRST APPEAL NO. 2979 OF 2009
1. The State of Maharashtra
Through the Collector,
Osmanabad.
927-fa-4291-2008+
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2. The Executive Engineer,
(Medium Project),
(Majbutikaran Division)
At Omerga, Dist. Osmanabad.
…..APPELLANTS
(Ori. Respondents)
VERSUS
Baswaraj s/o Virappa Karbhari
Age: 57 years, Occu: Agril,
R/o Murum Tq. Omerga Dist. Osmanabad
…..RESPONDENT
(Ori. Claimant)
_____________________________________________________________
Mr. G. K. Sontakke and Mrs. P. G Sontakke, Advocates for Appellants
in appeal and cross-objection.
Mr. D. J. Patil, AGP for Respondent-State
_____________________________________________________________
CORAM : SANJAY A. DESHMUKH, J.
DATED : 27TH FEBRUARY, 2026
ORAL JUDGMENT :-
1. These appeals are preferred against the judgment and award
passed by the learned Land Reference Court, Osmanabad/Dharashiv
as per the following chart:
Sr. No. First Appeal No./ L.A.R. No. Block No. Area
X-Objection No.
1 4291 of 2008 151 of 2004 734/3A 02 H 78 R
2 152 of 2009 468 of 2004 731, 03 H 28 R
734 and 02 H 84 R
733 01 H 40 R
3 5654 of 2015 in 03 of 1996 727 03 H 30 R
FA.2979 of 2009
927-fa-4291-2008+
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2. Claimants lands were acquired for the purpose of the
Benitura Medium Project, Village Murum, Tugaon and Sundarwadi,
by the notification issued and published under Section 4 of the Land
Acquisition Act, 1894, dated 21.04.1988. The final award was passed
on 21.11.1992. The Land Acquisition Officer has awarded
compensation to the claimants land @Rs.14,000/- and 12,000/- per
hectare. Learned Reference Court awarded compensation
@Rs.36,000/-, 16,000/- and 35,000 per acre for the respective
acquired lands of the claimants.
3. Learned Advocate for the appellants submitted that this
Court has awarded compensation to the claimants in Cross-Objection
No.30 of 2026 and 128 of 2025, by which the claimants were held
entitled to an enhanced amount of compensation @90,000/- per acre
for seasonally irrigated land, Rs.1,20,000/- for their irrigated acquired
lands and Rs.60,000/- for non irrigated lands.
4. Learned AGP for the respondent-State strongly objected the
appeals and Cross-Objection of the claimants and prayed to dismiss
the same.
5. In view of the reasons given in the judgment dated
19.01.2026, delivered by this Court in Cross-Objection No.30 of 2026
and 128 of 2025, the First Appeal Nos.4291 of 2008, First Appeal
No.152 of 2009 and Cross-Objection No.5664 of 2015 deserve to be
927-fa-4291-2008+
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allowed. First Appeal No.2979 of 2009 deserves to be dismissed.
Impugned judgment and award deserves to be set aside partly. Hence,
the following order:
ORDER
a. First Appeal No.4291 of 2008, First Appeal
No.152 of 2009 and Cross-Objection No.5664 of 2015
are allowed.
b. Impugned judgment and award are partly set
aside and modified as under:
i. Claimants in First Appeal No.4291 of
2008 and First Appeal No.152 of 2009 are
entitled for enhanced amount of compensation
@Rs.1,20,000/- per acre for their irrigated
acquired lands and claimant in Cross objection
No.5664 of 2015 is entitled to the compensation
@Rs.60,000/- per acre for non irrigated lands,
respectively, with all the statutory benefits i.e.
solatium, interest and components, etc.
c. The claimants in First Appeals and in Cross
Objection are entitled for the interest at the rate of 9%
per annum from the date of notification i.e. 24.04.1988
and 29.12.1987, in the respective matters, for a period
of one year and thereafter till passing of the award
i.e.21.11.1992, at the rate of 15% per annum.
d. It is clarified that delay caused for filing the
First Appeals and Cross Objection which was condoned
by this Court on the condition that the claimants shall
927-fa-4291-2008+
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not claim the interest for the delayed period. Therefore,
the claimants are not entitled for statutory benefits i.e.
solatium, interest and component, etc. for the delayed
period.
e. The State Government is directed to deposit
the enhanced amount of compensation within 12 weeks
from today with accrued interest in this Court.
f. The claimants shall deposit the amount of
deficit Court fees, if any.
g. The Record and Proceedings be sent back to
the Trial Court.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2026
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