Bombay High Court
NARAYAN BHIKA PATIL AND ORSversusCOLLECTOR, JALGAON AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appellants are entitled to compensation of Rs 2,00,000 per hectare for jirayat land and Rs 1,00,000 per hectare for potkharab land.
Summary
The appellants challenged the compensation awarded by the Joint Civil Judge for the acquisition of 3 hectares of jirayat land and 23 R of potkharab land in Jalgaon. The trial court had fixed Rs 1,25,000 per hectare for jirayat land and Rs 62,500 per hectare for potkharab land. The appellants relied on a prior judgment (First Appeal No. 706 of 2007) that had awarded higher rates for similar land, arguing that the same principle should apply. The High Court examined the earlier precedent and the statutory framework governing compensation for jirayat and potkharab land. It partially allowed the appeal, raising the compensation to Rs 2,00,000 per hectare for jirayat land and Rs 1,00,000 per hectare for potkharab land, and directed the acquiring authority to pay the enhanced amount with interest as per the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari. The court also ordered procedural steps for deposit, adjustment of earlier payments, and waived interest for the appellants for the delayed period.
Issues considered
- The appropriate rate of compensation for jirayat land under the land acquisition law.
- The appropriate rate of compensation for potkharab land and its relation to the jirayat land rate.
- Whether the precedent set in First Appeal No. 706 of 2007 is binding on the present appeal.
- The method of calculating interest on the enhanced compensation.
Subjects
- land acquisition
- compensation
- jirayat land
- potkharab land
- interest
- precedent
- appellate court
Judgment
2026:BHC-AUG:46345
1
923 FA 3745 OF 2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 FIRST APPEAL NO. 3745 OF 2019
NARAYAN BHIKA PATIL AND ORS
VERSUS
COLLECTOR, JALGAON AND ORS
...
Mr. A. B. Kale, Advocate for Appellants
Mr. B. V. Virdhe, AGP for Respondent Nos.1 and 2 – State
Mr. D. D. Pokharkar, Advocate for Respondent No.3
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 1st October 2026
P.C. :-
. Feeling aggrieved by the judgment and award dated
16.11.2006 passed by the learned Joint Civil Judge, Senior
Division, Jalgaon in Land Acquisition Reference No.133 of
2006, the claimants have filed this First Appeal.
2. Suffice to note, appellants' land admeasuring 3 Hectares
17 R being jirayat land situated at Gut No.17 of village
Hingane Budrruk, Taluka Jamner, District Jalgaon came to be
acquired by the respondent-acquiring body. Appellants' 23 R
potkharab land was also acquired comprising in Gut No.17
itself.
3. The Reference Court after assessing the evidence on
record enhanced the compensation holding the appellants
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923 FA 3745 OF 2019
entitled to Rs.1,25,000/- per hectare in respect of jirayat land
admeasuring 3 Hectares 17 R. The Reference Court further
granted compensation for pot kharab land at the rate of
Rs.62,500/- per hectare.
4. When the matter is taken up, Mr. A. B. Kale, learned
Advocate for the appellants would place on record a copy of
the order dated 28.02.2024 passed by this Court in a group of
First Appeals led by First Appeal No.706 of 2007, and would
contend that the present appeal be disposed of in terms of the
said order.
5. To substantiate the prayer at this juncture, Mr. Kale
submits that the cited case arises out of the same land
acquisition proceedings which is the subject matter of the
present First Appeal. He submits that the said order was also
passed by this Court relying upon the earlier orders passed by
this Court in identical matters.
6. Mr. Kale submits that in the cited matter, this Court in
Clause (i) of the operative order held the claimants therein
entitled to Rs.4,00,000/- per hectare in respect of the bagayat
land. Mr. Kale thus submits that considering the appellants'
land as jirayat land, the appeal be allowed holding the
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923 FA 3745 OF 2019
entitlement at Rs.2,00,000/- per hectare for the land being
jirayat. He further submits that in view of the settled law,
compensation for pot kharab land be granted at the rate of
50% of the compensation applicable to jirayat land i.e.
Rs.1,00,000/- per hectare.
7. When confronted with the order, Mr. D. D. Pokharkar,
learned Advocate for the acquiring body fairly agrees that the
subject matter of the appeals in the cited case is identical to
the present appeal. It is further apprised to this Court that the
land acquisition proceedings in the cited case are the same
land acquisition proceedings which is the subject matter of the
present First Appeal.
8. In view of this, I have no hesitation to pass the
following order :
ORDER
I. The First Appeal is partly allowed.
II. The appellants are held entitled to
compensation at the rate of Rs.2,00,000/- per
hectare for their land being jirayat land, and at
the rate of Rs.1,00,000/- per hectare for the
land admeasuring 23 R being potkharab land.
III. The acquiring body shall deposit the
enhanced compensation before this Court within
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923 FA 3745 OF 2019
a period of six months from today, together with
accrued interest thereon.
IV. The interest part shall be governed by the
law laid down by the Full Bench judgment in the
case of State of Maharashtra v. Kailash Shiva
Rangari, reported in 2016 (4) ALL MR 513.
V. The appellants shall not be entitled to
interest and statutory benefits for the delayed
period.
VI. The appellants shall be entitled to
withdraw the amount deposited with interest,
without making any separate application for
withdrawal.
VII. While depositing the enhanced
compensation, any amount already deposited
shall be adjusted.
VIII. The appellants shall pay the requisite
additional court fees on the enhanced
compensation, if applicable.
IX. Pending Civil Applications, if any, stand
disposed of.
X. R and P, if called, be sent back to the
Reference Court.
( AJIT B. KADETHANKAR, J. )
PRW
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