Bombay High Court

BABASAHEB SAHEBRAO KENDHALEversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The appellant is entitled to Rs 3,779 per R for dry land and Rs 1,890 per R for pot‑kharab land, with interest under Sections 28 and 34 of the Land Acquisition Act, but not statutory benefits for the delayed period.

Summary

The appellant, Babasaheb Sahebrao Kendhale, challenged the compensation awarded for his 1½‑20R land acquired under the Land Acquisition Act, 1894, arguing that the enhancement to Rs 1,200 per R for dry land and Rs 600 per R for pot‑kharab land was inadequate. The High Court noted that a prior First Appeal (No. 3279 of 2025) had enhanced compensation for similarly situated claimants to Rs 3,779 per R for dry land and Rs 1,890 per R for pot‑kharab land, and that the lands in the present case were of the same classification. Applying the principle of parity, the Court adopted the higher rates for the appellant, while denying interest for the delayed period but granting interest under Sections 28 and 34 of the Land Acquisition Act as per the State of Maharashtra v. Kailash Shiva Rangari precedent. The Court ordered the award to be drawn accordingly, with the appellant liable for any deficit court fees. The appeal was consequently allowed.

Issues considered

What is the appropriate compensation rate for the appellant's acquired land under the Land Acquisition Act, 1894?
Whether the appellant is entitled to interest on the compensation under Sections 28 and 34 of the Act despite denial of statutory benefits for delay?
Whether the rates awarded in earlier First Appeals involving similarly classified lands are binding on the present appeal?

Legislation cited

Land Acquisition Act, 1894 — s. 18, 28, 34

Subjects

land acquisition
compensation enhancement
dry land
pot kharab land
interest under Land Acquisition Act
parity principle
court fees

Judgment

2026:BHC-AUG:38634
1 915-FA-3368-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

915 FIRST APPEAL NO. 3368 OF 2025

Babasaheb Sahebrao Kendhale
VERSUS
The State Of Maharashtra Through Collector, Jalna And Others
...
Mr.Shubham M. Kakde And Adv. D.M. Kakade for the Appellant.
Ms.Vaishali Chaudhar, AGP for the State.
...

CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026

PER COURT :

1. It is submitted by the learned Advocate appearing for the

Appellant that the present Appeal is arising out of the Judgment and

Award passed by the 4th Joint Civil Judge Senior Division, Jalna in LAR

No.1179 of 2010, old 136 of 2009. It is submitted that by a common

Judgment the aforementioned reference has been decided by the Civil

Judge Senior Division, Jalna by order dated 25 th August, 2015. The

learned Advocate for the Appellant relies on the decision rendered by this

Court First Appeal No.3279 of 2025. According to him this order is in

respect of one of the LAR which is decided by the common order which is

under challenge in the present First Appeal. The copy of the First Appeal

relied upon the Appellant is taken on record and marked as ‘X’ for

identification.

Sunny Thote
2 915-FA-3368-2025.odt

2. The learned Advocate for the Acquiring Body although

opposes the Appeal does not dispute that the decision in First Appeal

No.3279 of 2025 is in respect of the LAR No.1181 of 2010, filed by the

claimants for enhancement of compensation in the First Appeal. After

considering the merits of the matter, this Court enhanced the

compensation to Rs. 3,779/- per R for dry land and Rs. 1,890/- per R for

pot kharab land, having regard to the classification of the lands by the

learned Reference Court. Since the parties are similarly situated and there

is no material difference in the nature and classification of their lands,

and as the claims arise out of the common Judgment passed by the

learned Civil Judge, Senior Division, Jalna, in L.A.R. No. 1179 of 2010

and connected matters, the same principle is applicable to the present

case. The present Appeal is taken up for final disposal by the consent of

the parties.

3. The present Appeal is filed against the LAR No.1180 of 2010,

Old 134 of 2009. The land of the Appellant in Gut No.109 of village

Kendhale Pokhari, Taluka Mandha, District Jalna to the extent of 1H.

20R. has been acquired. The land acquisition proceedings were initiated

by Notification dated 12th September, 2006 and award came to be passed

on 30th April, 2008. Finding the compensation to be inadequate the

claimants have preferred LAR No.1180 of 2010 under Section 18 of the
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3 915-FA-3368-2025.odt

Land Acquisition Act, 1894. The reference was decided after taking into

consideration the oral and documentary evidence and 4 th Joint Civil

Judge Senior Division, Jalna by Judgment and Award dated 25 th August,

2015 has enhanced the amount of compensation to Rs.1200 per R for

non irrigated and Rs.600 per R for pot kharab land. Thus, being aggrived

by the insufficiency of enhancement the present Appeal has been filed.

While deciding the First Appeal No.3279 of 2025, this Court has taken

into consideration the common Judgment dated 26 th February, 2026 in

First Appeal No.3295 of 2025 and the comparison in respect of the land

involved in that First Appeals. After taking into consideration, the gap

between the notifications issued in the two land acquisition references,

the Court has arrived at a conclusion that the rate of Rs.3,779/- per R for

dry lands and Rs.1,890/- per R for pot kharab land would be appropriate

amount admissible to the claimants. In the said order, comparison was

made by this Court in respect of First Appeal Nos. 3295 of 2025 and 3296

of 2025, and the rates which are made admissible to the claimants

therein. But, so far as present Appeal is concerned, according to the

Appellant as well as the Acquiring Body, the land is present appeal is part

of the same project decided by the same award and classification made is

also similar, which is as follows :

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Sr. F.A. No. L.A.R. Gut Total U/Sec 4 U/sec 11 S.L.A.O. L.R. Type of land Reference Court awarded Acquired
No. No. No. Area Notificat Award Rate per R Reference Ara in ARE
ion Date Date as per Court
Award Enhanced
rate per R
915 3368 of 1180/ 109 01 H 12.09. 30.04. Rs.1,080/- Rs.1200/- Dry Land Semi Perennially Pot
2025 2010 20 R 2006 2008 Rs.15/- Rs.600/- Irrigated Irrigated Kharab
Babasaheb
Sahebrao 0 H 53 R ------ ------- 0 H 67 R
Kendhale
5 915-FA-3368-2025.odt

4. In the connected Appeal, following rates are classified by this

Court, Rs.3779 per R for dry land and Rs.1,890/- per R for pot kharab

land. Therefore, I do not see any reason to take a different view in the

matter and accordingly, I pass the following order :

ORDER

(a) The Appellant shall be entitled to receive Rs.3,779/- per

Are for dry land and Rs.1,890/- per R for pot kharab land,

considering the nature of their lands classified by the Reference

Court.

(b) The Appellant shall not be entitled to the interest and

statutory benefits for the delayed period.

under Sections 28 and 34 of the Land Acquisition Act, 1894 as per

Full Bench Judgment of State of Maharashtra Vs. Kailash Shiva

Rangari reported in [2016 AIR (Bom.)141].

(d) Save and except above modification, the impugned

Judgment and Award shall stand unaltered.

(e) The Appellant shall pay deficit court fees, if any.

(f) Award be drawn accordingly.

(g) The Appeal is allowed.

[ MANJUSHA DESHPANDE, J. ]

Sunny Thote

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