Bombay High Court
BABASAHEB TULSHIRAM LATE DIED LRS SARUBAI AND ORSversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- S G CHAPALGAONKAR
Holding
The appellants are entitled to compensation at Rs 2,400 per R for the dry land acquired.
Summary
The appellants owned 82 R of dry land in Jalna district that was acquired for the Nimnna Dudhana Project. The original award under the Land Acquisition Act paid Rs 656 per R, which was later enhanced by the Reference Court to Rs 1,200 per R. The appellants appealed, seeking further enhancement based on later judgments that fixed the market rate for dry land at Rs 2,400 per R. The Court examined the common judgment in First Appeal No. 649/2013 (and companion matters) and the subsequent First Appeal No. 1896/2021, which affirmed Rs 2,400 per R as the appropriate rate for dry land, and noted that the land in Award Statement ‘E’ was indeed dry. Applying the principle from State of Maharashtra v. Kailash Shiva Rangari, the Court awarded interest under Sections 28 and 34 of the Land Acquisition Act but denied interest for the delayed period. The appeal was partly allowed, granting compensation at Rs 2,400 per R and the specified interest, while leaving the remainder of the original award unchanged.
Issues considered
- Whether the compensation for the acquired dry land should be enhanced to Rs 2,400 per R in line with the Court's earlier judgments.
- Whether interest under Sections 28 and 34 of the Land Acquisition Act is payable to the appellants and to what extent.
Legislation cited
- Land Acquisition Act — s. 11, 18, 28, 34
Subjects
- Land acquisition
- Compensation enhancement
- Dry land
- Interest under Sections 28 and 34
- Nimnna Dudhana Project
- Market rate determination
Judgment
2026:BHC-AUG:18242
(1) fa-3285-2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 3285 OF 2017
Balasaheb Tulshiram Late Thr. L.Rs. Sarubai Babasheb Late And Others
Versus
The State Of Maharashtra And Others
...
Mr. K. B. Jadhav, Advocate for Appellants.
Mr. S.R. Yadav Lonikar, AGP for Respondent Nos.1 and 2.
Mr. S.C. Arora, Advocate for Respondent No.3.
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : APRIL 18, 2026.
P.C.:-
1. The present Appeal takes exception to judgment and
award dated 25.07.2008 passed by District Judge, Jalna in Land
Acquisition Reference No.23/2001 and seeks enhancement of
compensation granted under Land Acquisition Act.
2. The appellants were owners and possessions of land
Survey/Gut No. 7/4 admeasuring 82 R situated at village Kedarwakdi,
Taluka Mantha, District Jalna. The appellants’ land has been acquired
for purpose of “Nimnna Dudhana Project, Selu”. On 31.03.1999,
Special Land Acquisition Officer passed Award under Section 11 of
Land Acquisition Act and granted compensation @ Rs.656/- per R for
dry land. The appellants made Land Acquisition Reference under
Section 18 of Land Acquisition Act for enhancement of compensation.
The Reference Court considered entire land of appellants in category of
(2) fa-3285-2017.odt
dry land and granted enhanced compensation @ Rs.1200/- per R.
Hence, this Appeal for enhancement of compensation.
3. Mr. Jadhav, learned advocate appearing for appellants
would further submit that in First Appeal No.649/2013 (Dattatraya s/o
Rambhau Late and Anr. Vs. The State of Maharashtra and Others )
alongwith companion matters this Court passed common judgment
pertaining to same acquisition, wherein dry lands are given
compensation @ Rs.2400/- per R, semi irrigated lands are given
compensation @ Rs.3600/- per R and fully irrigated lands are given
compensation @ Rs.4800/- per R. He would further rely upon order
dated 05.01.2026 passed in First Appeal No.1896/2021 pertaining to
selfsame common judgment, which is subject matter of this Appeal,
wherein this Court followed rate fixed in First Appeal No.649/2013
alongwith companion matters. He would, therefore, urge that
appellants be granted compensation as per land depicted in Award
Statement ‘E’.
4. Mr. Arora, learned Advocate appearing for respondent no.3
do not dispute factual and legal aspects pressed into service by
appellants.
5. Having considered submissions advanced by learned
Advocates appearing for respective parties, it can be observed that in
light of rates fixed for lands acquired for “Nimnna Dudhana Project,
Selu” under common judgment passed by this Court in First Appeal
No.649/2013 alongwith companion matters and subsequent judgment
(3) fa-3285-2017.odt
in First Appeal No.1896/2021, it is clear that this Court has approved
market rate of acquired land as Rs.2400/- per R for dry land.
6. As rightly pointed out by Mr. Jadhav, learned Advocate
appearing for appellants, Award Statement ‘E’ clearly depicts that
appellants’ land from Gut No. 7/4 was acquired, which was dry land.
The appellants would be entitled for appropriate enhanced
compensation for dry land. Similarly, interest awarded by Reference
Court needs to be corrected in accordance with law laid down in case
of State of Maharashtra Vs. Kailash Shiva Rangari1.
7. In that view of matter, there is no difficulty in holding that
appellants are entitled for compensation @ Rs.2400 per R for dry land,
as classified in Award Statement ‘E’. Hence, following order is passed:
ORDER
a. The First Appeal is partly allowed.
b. The appellants shall be entitled fo compensation @ Rs.2400/-
per R for acquired portion of land as per Award Statement ‘E’.
c. The appellants shall be entitled to interest under Sections 28 and
34 of Land Acquisition Act as per Full Bench judgment in case of
Kailash Shiva Rangari (supra).
d. The appellants shall not be entitled for interest and statutory
benefit for delayed period.
1 2016 AIR (Bom.) 141.
(4) fa-3285-2017.odt
e. Save and except above, impugned judgment and award passed
by Reference Court shall stand unaltered.
f. The appellants shall pay deficit Court fees, if any.
g. The Record and Proceeding be sent back to Reference Court.
h. Award be drawn up accordingly.
(S. G. CHAPALGAONKAR, J.)
Mujaheed//
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