Bombay High Court

SUDHAKAR TULSHIRAM PATILversusTHE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that the compensation awards must be enhanced to reflect the rates and statutory benefits established in First Appeal No.813 of 2023.

Summary

The appellants, a group of landowners from various villages in Jalgaon district, appealed the 2017 awards of the Joint Civil Judge which refused to enhance compensation for land acquired under a 2003 project. They contended that the compensation should be increased in accordance with a later coordinate‑bench decision (First Appeal No.813 of 2023) dealing with similar acquisitions. The High Court examined the earlier judgment and found it persuasive, noting that the same project and villages were involved. Accordingly, the Court partly allowed the appeals and directed that compensation be paid at Rs 12,00,000 per hectare for irrigated land, Rs 6,00,000 for jirayat land, Rs 3,00,000 for pot‑kharab, 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 as per the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari. It further allowed the claimants to seek rental compensation and incorporated the chart submitted by counsel into the record, modifying the award accordingly.

Issues considered

Whether the compensation awards dated 03.05.2017 should be enhanced in line with the coordinate‑bench decision in First Appeal No.813 of 2023.
What rates of compensation are applicable for irrigated, jirayat, and pot‑kharab land, and for fruit‑bearing trees.
Whether claimants are entitled to statutory benefits, including interest, under the applicable land acquisition law.
Whether rental compensation may be claimed in addition to the enhanced compensation.

Subjects

land acquisition
compensation enhancement
interest on compensation
statutory benefits
coordinate bench precedent
irrigated land rate
jirayat land rate
pot kharab
fruit bearing trees
rental compensation

Judgment

2026:BHC-AUG:45122
               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
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  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.
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      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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