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Bombay High Court

STATE OF MAHA and ORSversusBASWARAJ VIRAPPA KARBHARI

Disposal
DISMISSED

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

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+
                                               -1-

                        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+
                             -2-

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+
                                  -3-

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+
                                     -4-

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+
                                   -5-

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+
                                      -6-

        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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