Created by Fuzzy Cloud

Bombay High Court

BABASAHEB TULSHIRAM LATE DIED LRS SARUBAI AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

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

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//


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.