Bombay High Court
PURSHOTTAM PANDHARINATH PATILversusTHE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-3, JALGAON AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court adopted the view expressed in First Appeal No. 813 of 2023, modifying the compensation awards as per the rates and benefits specified therein.
Summary
The appellants, a group of landowners from several villages in Jalgaon district, appealed the 2017 compensation awards granted by the Joint Civil Judge for land acquired in 2003 for the M.I. Tank project. They contended that the awards were insufficient and sought enhancement of compensation for irrigated, jirayat, and pot kharab land, as well as for fruit‑bearing trees. The High Court observed that the matters were identical to those decided by a coordinate bench in First Appeal No. 813 of 2023, which had fixed specific rates for each category of land and affirmed entitlement to statutory benefits and interest. Relying on that precedent and the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari, the Court partially allowed the appeals and modified the compensation accordingly. The modified award prescribed 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, along with statutory benefits, interest, and the option to claim rental compensation.
Issues considered
- Whether the compensation awarded by the Reference Court should be enhanced in line with the rates fixed in First Appeal No. 813 of 2023.
- Whether the appellants are entitled to statutory benefits, interest, and rental compensation under the applicable land acquisition law.
- Whether the valuation of fruit‑bearing trees should be based on 80% of the valuation report.
Subjects
- land acquisition
- compensation
- irrigated land
- jirayat land
- pot kharab
- fruit bearing trees
- statutory benefits
- interest
- rental compensation
- coordinate bench precedent
Judgment
2026:BHC-AUG:45129
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.)
Checking your session…