Bombay High Court
TULSHIRAM SAKHARAM PATILversusTHE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court partially allowed the appeals and modified the compensation award in accordance with the coordinate‑bench decision in First Appeal No.813 of 2023.
Summary
The appellants, a group of landowners from several villages in Jalgaon, challenged the compensation awards dated 03.05.2017 given by the Joint Civil Judge in land acquisition proceedings for the M.I. Tank project. They argued that the awards should be enhanced in line with a prior coordinate‑bench decision (First Appeal No.813 of 2023) that dealt with similar acquisitions. The High Court examined the earlier judgment and found that the same principles applied, directing that compensation be fixed at Rs 12,00,000 per hectare for irrigated land, Rs 6,00,000 for jirayat land, Rs 3,00,000 for pot‑kharab land and 80% of the valuation report for fruit‑bearing trees. The Court also ordered that all statutory benefits, including interest from the date of the original award, be granted and that rental compensation remain available. Consequently, the appeals were partly allowed and the award was modified accordingly.
Issues considered
- The adequacy of the compensation awarded in the original land‑acquisition award.
- Whether the compensation should be enhanced pursuant to the coordinate‑bench decision in First Appeal No.813 of 2023.
- What rates of compensation apply to irrigated, jirayat, pot‑kharab land and fruit‑bearing trees.
Subjects
- land acquisition
- compensation enhancement
- irrigated land
- jirayat land
- pot kharab
- statutory benefits
- interest on award
- coordinate bench
- appeal partially allowed
Judgment
2026:BHC-AUG:45125
Tauseef 1 of 6 930-fa.3337.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 FIRST APPEAL NO. 3338 OF 2017
SUDHAKAR TULSHIRAM PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
...
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Manjusha S. Jagtap-Ware, Advocate for Acquiring body.
...
AND
FIRST APPEAL NO. 3337 OF 2017
LAXMAN TOTARAM PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Manjusha S. Jagtap-Ware, Advocate for Acquiring body.
AND
FIRST APPEAL NO. 3335 OF 2017
SHENFADU NATTHU CHAUDHARI
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Kavita S. Bhale, Advocate for Respondent No.2.
AND
FIRST APPEAL NO. 3336 OF 2017
TULSHIRAM SAKHARAM PATIL
VERSUS
Tauseef 2 of 6 930-fa.3337.2017
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Kavita S. Bhale, Advocate for Respondent No.2.
AND
FIRST APPEAL NO. 3339 OF 2017
EKNATH TRAMBAK PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Manjusha S. Jagtap-Ware, Advocate for Acquiring body.
AND
FIRST APPEAL NO. 3332 OF 2017
BHIKA BAPU PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Kavita S. Bhale, Advocate for Respondent No.2.
AND
FIRST APPEAL NO. 3333 OF 2017
SUBHASH PANDHARINATH PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Kavita S. Bhale, Advocate for Respondent No.2.
Tauseef 3 of 6 930-fa.3337.2017
AND
FIRST APPEAL NO. 3344 OF 2017
PURSHOTTAM PANDHARINATH PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Kavita S. Bhale, Advocate for Respondent No.2.
AND
FIRST APPEAL NO. 3340 OF 2017
DILIP TULSHIRAM PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Manjusha S. Jagtap-Ware, Advocate for Acquiring body.
AND
FIRST APPEAL NO. 3341 OF 2017
PRALHAD TRAMBAK PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Manjusha S. Jagtap-Ware, Advocate for Acquiring body.
AND
FIRST APPEAL NO. 3334 OF 2017
NARAYAN KAUTIK PATIL AND ORS
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON
AND ORS
…
Tauseef 4 of 6 930-fa.3337.2017
Mr. Ajeet B. Kale a/w. Mr. Balasaheb Pawar, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Ms. Manjusha S. Jagtap-Ware, Advocate for Acquiring body.
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 30th SEPTEMBER, 2026
P.C.:-
1. Since the acquisition proceedings pertain to the year 2003,
the appeal is heard finally with the consent of the learned Advocates
for the respective parties.
2. By the present appeals, the Appellants/Claimants are
aggrieved by the judgments and awards dated 03.05.2017 passed by
the learned Joint Civil Judge Senior Division, Jalgaon in LAR
Nos.969/2007, 970/2007, 968/2007, 971/2007, 973/2007, 974/2007,
975/2007, 972/2007, 963/2007, 962/2007, 966/2007, 964/2007,
967/2007 and 965/2007, whereby the learned Reference Court refused
to enhance the compensation to the extent of amount claimed by the
Claimants.
3. All the Advocates appearing in these matter have submitted
that the present appeals can be disposed of in view of the order passed
by the Coordinate Bench of this Court in First Appeal No.813 of 2023
and the batch of the other appeals, whereby the lands from the village
Wadgaon, Pimpalgaon, Kamani, Sonala, Hivarkheda, Digar, Kasabe,
Sheri and Paldhi. The present appeals arising out of the project of M. I,
Tauseef 5 of 6 930-fa.3337.2017
Tank, Sonala, Taluka Jamner, District Jalgaon.
4. Therefore, they are from the same project, Coordinate Bench
of this Court in First Appeal No.813 of 2023 with connected matters
have already taken a view, as from the different villages, the lands were
acquired.
5. Learned Advocate for the Appellants/Claimants submits that
this Court has taken a view in First Appeal No.813 of 2023 with
connected matters decided on 07.11.2025 arising out of same
acquisition proceeding.
6. Upon perusal of order passed by this Court in First Appeal
No.813 of 2023 with connected matters, I am inclined to adopt the
same view in the present appeals. Therefore, present appeals are
disposed of accordingly. In view of the order passed by this Court in
First Appeal No.813 of 2023, I proceed to pass the following order:-
ORDER
A. First appeals are partly allowed.
B. Appellants–Claimants be paid following compensation.
I. For irrigated land @ 12,00,000/- per hectare.
II. For Jirayat land @ Rs. 6,00,000/- per hectare.
III. For Pot Kharab @ Rs. 3,00,000/- per hectare.
IV. Value of fruit bearing trees @ 80% of the valuation
report submitted in the Reference Court.
Tauseef 6 of 6 930-fa.3337.2017
C. Appellants/Claimants shall be entitled to all statutory
benefits including interest from the date of award as
per law laid down by the Full Bench of this Court in
State of Maharashtra Vs. Kailash Shiva Rangari,
reported in 2016(3) Mh.L.J. 457.
D. It would be open for them to claim rental compensation
as permissible in law and in view of the prevailing
government policy.
E. Chart submitted by the learned counsel for the
appellants shall be treated as part of record and award.
F. Modified award be drawn accordingly.
G. Rest of the award is maintained.
H. Pending civil applications, if any, are also disposed of.
(SIDDHESHWAR S. THOMBRE, J.)
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