Created by Fuzzy Cloud

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
                                   2
                                              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
                               3
                                               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
                                  4
                                                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.