BANSI SMBHAJI KARPE AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

2026:BHC-AUG:46425



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                                                                      928 FA 3171 OF 2018

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    928 FIRST APPEAL NO. 3171 OF 2018

                                   BANSI SMBHAJI KARPE AND ORS
                                               VERSUS
                               THE STATE OF MAHARASHTRA AND ORS
                                                   ...
                     Mr. V. H. Solanke, Advocate for Appellants
                     Mr. K. B. Jadhavar, AGP for Respondents Nos.1 and 2 – State
                     Mr. B. R. Survase, Advocate for Respondent No.3
                                                   …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 1st October 2026

                     P.C. :-

                     .         Feeling aggrieved by the judgment and award dated

                     28.06.2013 passed by the learned District Judge-II, Ambajogai

                     in Land Acquisition Reference No.122 of 2004, the appellants

                     have filed the present First Appeal seeking enhancement in

                     the compensation.

                     2.        Considering the very short controversy involved in the

                     matter and at the behest of the parties, I have heard the First

                     Appeal for final disposal at the admission stage.

                     3.        Appellants' agricultural land which divided into several

                     categories was acquired by the respondent-acquiring body for

                     the construction of Undri Bhrat Minor Irrigation Tank at
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                                                  928 FA 3171 OF 2018

Jawalban, Bhtumba and Anandgaon, Tal. Kaij Dist. Beed. The

appellants challenged the award passed by the Special Land

Acquisition Officer under Section 18 of the Land Acquisition

Act before the Reference Court. After assessing the evidence

on record, the Reference Court held the appellants entitled for

compensation at the rate of Rs.1,500/- per R considering the

land as jirayat.

4.    Feeling aggrieved thereby, the appellants have filed the

present    First     Appeal      seeking   enhancement     in    the

compensation.

5.    Notice was issued. The acquiring body caused its

appearance. The First Appeal came to be admitted by this

Court.

6.    Today when the matter is taken up for hearing,

Mr. V. H. Solanke, learned Advocate for the appellants has

placed on record a copy of the judgment and award delivered

by   the   learned    District    Judge-II,   Ambajogai   in    Land

Acquisition Reference No.61 of 2005. Inviting my attention to

the judgment and award cited supra, Mr. Solanke submits that

the cited Land Acquisition Reference arises out of the same

land acquisition proceedings which are the subject matter of
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                                                     928 FA 3171 OF 2018

the present appeal. He submits that in respect of other lands

situated in the same village and having jirayat quality, the

Reference Court has granted compensation at the rate of

Rs.3,000/- per R. Mr. Solanke submits that in view of the said

judgment      and   award,    the       appellants   are   entitled   to

enhancement in the compensation at the rate of Rs.3,000/-

per R.

7.       A copy of the judgment and award cited by the learned

Advocate for the appellants was offered to Mr. B. R. Survase,

learned Advocate for the acquiring body. After going through

the judgment and award, Mr. Survase fairly submits that the

cited case is identical to the present appeal. He submits that in

respect of the lands acquired under the same land acquisition

proceedings and situated in the same village, the Reference

Court has granted compensation at the rate of Rs.3,000/- per

R. He further submits that the said award has been satisfied by

the acquiring body.

8.       In view of the above, I find no hesitation in allowing the

present appeal partly. Hence, I pass the following order :

                             ORDER

      I.       First Appeal stands partly allowed.
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                                              928 FA 3171 OF 2018

II.    The     judgment        and    award      dated
28.06.2013 passed by the learned District
Judge-II,     Ambajogai     in      Land   Acquisition
Reference No.122 of 2004 is modified to the
extent that the appellants are held entitled to
compensation at the rate of Rs.3,000/- per R.
III.   The acquiring body shall deposit the
enhanced compensation before this Court within
a period of six months from today, together with
accrued interest thereon.

IV.    The interest part shall be governed by the
law laid down by the Full Bench judgment in the
case of State of Maharashtra v. Kailash Shiva
Rangari, reported in 2016 (4) ALL MR 513.

V.     The appellants shall not be entitled to
interest and statutory benefits for the delayed
period.

VI.    Save    and   except      above,      impugned
Judgment and Award passed by Reference Court
shall stand unaltered.

VII.   The    appellants    shall    be    entitled   to
withdraw the amount deposited with interest,
without making any separate application for
withdrawal.

VIII. While       depositing         the     enhanced
compensation, any amount already deposited
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                                                928 FA 3171 OF 2018

      shall be adjusted.

      IX.   The appellants shall pay the requisite
      additional     court   fees    on   the   enhanced
      compensation, if applicable.

      X.    Pending Civil Applications, if any, stand
      disposed of.



                                    ( AJIT B. KADETHANKAR, J. )
PRW