Bombay High Court

SUSHILABAI MANIK JADHAVversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The appeal is partly allowed; the award is quashed and the matter is remanded to the Reference Court for fresh determination, with no interest payable to the appellant.

Summary

The appellant challenged a judgment and award dated 18‑12‑2000 passed under Section 11 of the Land Acquisition Act, which the Reference Court had decided on 05‑01‑2023 without the award and its ‘E’ statement being placed on record. The appellant argued that this omission caused prejudice, especially since no evidence was led by her before the Reference Court, and she had already lost her land. She offered to forgo any interest accruing from 01‑07‑2023 until the matter is finally decided. The respondents did not object to the waiver of interest and attributed the procedural lapses to the appellant. The High Court, after noting the prejudice, partly allowed the appeal, quashed the award, and remanded the case to the Reference Court for a fresh determination, directing a hearing on 07‑04‑2026 and denying the appellant any interest or statutory benefits for the intervening period.

Issues considered

The failure to produce the award and its ‘E’ statement before the Reference Court caused prejudice to the appellant.
Whether the appellant is entitled to interest and statutory benefits for the period between filing of the appeal and final disposal.
Whether the award dated 18‑12‑2000 under Section 11 of the Land Acquisition Act can be set aside and the matter remanded for fresh adjudication.

Legislation cited

Land Acquisition Act — s. 11

Subjects

Land Acquisition
Section 11
Award
Prejudice
Remand
Interest waiver
Reference Court
Appeal

Judgment

2026:BHC-AUG:10581
18 FA 3272 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

18 FIRST APPEAL NO. 3272 OF 2025

SUSHILABAI MANIK JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED
AND ANR
...
Advocate for Appellant : Mr. Shirsat Suhas R.
AGP for Respondent No. 1 : Mr. S.N. Morampalle
Advocate for Respondent No. 2 : Mr. V.C. Swami h/f Mr. M.C.Swami
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 09.03.2026

PER COURT :

Taken up for final disposal with the consent of the parties.

2. The appellant has challenged judgment and award passed by the
Reference Court on 05.01.2023 in L.A.R. No. 655/2017. Learned counsel
for the applicant Mr. Shirsat has fairly conceded that the copy of award and
‘E’ statement of the award could not be placed before the Reference Court
and great prejudice is caused to the appellant. He seeks remand of the
matter so as to facilitate him to produce on record relevant material. At the
same time, on instruction of his client he is ready to give up interest for the
interregnum period.

3. Learned counsel for the Acquiring Body and A.G.P. have no serious
objection if the appellant is giving up the interest for the period consumed
and points out that the lapses can be attributable to the appellant.

4. I have gone through impugned judgment. Undisputedly, award dated
18.12.2000 passed under Section 11 of the L.A. Act and ‘E’ statement
thereof were not before the Reference Court. Those could have been filed

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18 FA 3272 25.odt

before the Reference Court by either of the parties. It cannot be overlooked
that prejudice is caused to the appellant. It further transpires that no
evidence was led by the appellant before the Reference Court.

5. As the appellant is ready to give up interest from the date of filing of
the present appeal i.e. 01.07.2023 till the disposal of the Reference after the
remand, I find that it is necessary to extend opportunity to the appellant,
who has lost his land. For the reasons stated above, I pass following order.

ORDER

(I) First Appeal is partly allowed.

(II) Impugned judgment and award to the extent of appellant in L.A.R.
No. 655/2017 is quashed and set aside and matter is relegated to the
jurisdictional Reference Court for deciding it afresh on its own merits.

(III) The parties shall cause appearance before the Reference Court on
07.04.2026 and the Reference Court shall decide the matter expeditiously
and preferably within a period of eight months thereafter.

(IV) Parties shall be at liberty to produce on record the relevant material
in support of their claim and the submissions.

(V) Award be drawn accordingly.

(VI) Record and Proceeding be sent back to the Reference Court.

(VII) The appellant shall not be entitled to interest and statutory benefits
from 01.07.2023 till final disposal of the reference.

( SHAILESH P. BRAHME, J.)

mkd/-

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