Created by Fuzzy Cloud

Bombay High Court

LILACHAND BHANUDAS PATILversusSTATE OF MAH and ANR

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court partly allowed the appeals, modifying the compensation to Rs. 1,100 per R by applying the earlier precedent from First Appeal No. 642 of 2008.

Summary

The appellants challenged a 2005 award that fixed compensation for land acquired in Akhatwadi village for the Hatnur Canal Sub‑Distributories Nos. 3‑5. The Special Land Acquisition Officer had awarded Rs. 158.4 per R, the Reference Court enhanced it to Rs. 270 per R, but the claimants sought Rs. 1,000‑1,200 per R. The High Court considered an earlier decision (First Appeal No. 642 of 2008) where a sale instance from the adjacent village of Chahardi was used to determine compensation for a similar acquisition. Relying on that precedent, the Court held that the earlier sale instance was relevant despite the projects being different and modified the compensation to Rs. 1,100 per R, also granting interest and statutory benefits as per State of Maharashtra v. Kailash Shiva Rangari. The appeals were partly allowed, the award was modified accordingly, and the claimants were directed to seek any unpaid rental compensation from the Collector.

Issues considered

  • Whether the precedent set in First Appeal No. 642 of 2008 can be applied to determine compensation in the present land acquisition case despite differing projects.
  • Whether the compensation awarded by the Reference Court should be further enhanced beyond Rs. 270 per R.
  • Whether interest and other statutory benefits are payable on the enhanced compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • reference court
  • precedent
  • interest
  • statutory benefits
  • Hatnur Canal
  • Maharashtra

Judgment

2026:BHC-AUG:40671
                                             1 of 7               907-FA.379.2008



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               907 FIRST APPEAL NO. 379 OF 2008

                                 SUHALAL PRATAP PATIL AND ANR
                                              VERSUS
                STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON AND
                                                ANR.
                                                  ...
               Mr. Yadnyesh V. Dharmadhikari h/f. Mr. Ajay G. Talhar, Advocate for
               Appellants.
               Mr. A. M. Phule, AGP for Respondent-State.
               Mr. Ajay D. Pawar, Advocate for the Respondent/acquiring body.
                                                  ...

                                            WITH
                                 FIRST APPEAL NO. 383 OF 2008

                                   LILACHAND BHANUDAS PATIL
                                              VERSUS
                                STATE OF MAHARASHTRA AND ANR
                                                 …
               Mr. Yadnyesh V. Dharmadhikari h/f. Mr. Ajay G. Talhar, Advocate for
               Appellant.
               Mr. A. M. Phule, AGP for Respondent-State.
               Mr. Ajay D. Pawar, Advocate for the Respondent/acquiring body.

                                            WITH
                                 FIRST APPEAL NO. 381 OF 2008

                 MRS MALATIBAI MADHAVRAO MARATHE THR LRS MADHAVRAO
                                       NILKANTHA AND ORS
                                              VERSUS
                STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON AND
                                                ANR.
                                                 …
               Mr. Yadnyesh V. Dharmadhikari h/f. Mr. Ajay G. Talhar, Advocate for
               Appellants.
               Mr. A. M. Phule, AGP for Respondent-State.
               Mr. Ajay D. Pawar, Advocate for the Respondent/acquiring body.

                                            WITH
                                 FIRST APPEAL NO. 380 OF 2008
                                2 of 7                 907-FA.379.2008




                       SUHALAL PRATAP PATIL
                               VERSUS
 STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON AND
                                 ANR.
                                  …
Mr. Yadnyesh V. Dharmadhikari h/f. Mr. Ajay G. Talhar, Advocate for
Appellant.
Mr. A. M. Phule, AGP for Respondent-State.
Mr. Ajay D. Pawar, Advocate for the Respondent/acquiring body.
                                  …
                                 AND
                 NOT ON BOARD, TAKEN ON BOARD
                    FIRST APPEAL NO.382 OF 2008

                   PRATAP YADAV PATIL AND ANR.
                               VERSUS
 STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON AND
                                 ANR.
                                  …
Mr. Yadnyesh V. Dharmadhikari h/f. Mr. Ajay G. Talhar, Advocate for
Appellants.
Mr. A. M. Phule, AGP for Respondent-State.
Mr. Ajay D. Pawar, Advocate for the Respondent/acquiring body.
                                  …

                         CORAM :         SIDDHESHWAR S. THOMBRE, J.
                         DATE    :       2nd SEPTEMBER, 2026

P.C.:-

1.         Mr. Ajay Pawar, learned Advocate is appearing for the

Respondent/acquiring body.

2.         Mr. Ajay Pawar, learned Advocate for the acquiring body

seeks leave to add the acquiring body as a party Respondent. Leave is

granted.

3.         Amendment to be carried out forthwith.
                                 3 of 7                    907-FA.379.2008



4.        Since the acquisition proceedings pertain to the year 1988,

the appeals are heard finally with the consent of the learned Advocates

for the respective parties.

5.        By the present appeals, the Appellants are aggrieved by the

judgment and award dated 24.03.2005 passed by the learned Civil

Judge, Senior Division, Amalner, in LAR Nos.332/1993, 334/1993,

335/1993, 337/1993 and 336/1993, whereby the learned Reference

Court determined the compensation for the acquired land. However, as

the learned Reference Court did not grant the compensation as claimed

by the Claimants, the present appeals have been preferred.

6.        Brief facts of the present cases are as under:-

(i)    The acquired land situated at village Akhatwadi, Taluka Chopda,

       District Jalgaon, was acquired for the purpose of construction of

       Hatnur Canal Sub-Distributories Nos.3, 4 and 5.

(ii)   The Notification under Section 4 of the Land Acquisition Act,

       1894 (for short “the Act”) was published on 07.07.1988.

(iii) The Special Land Acquisition Officer (for short, “SLAO”) passed

       an award on 18.03.1991. The SLAO awarded compensation @ of

       Rs.158.4/-   per   R.   Being      dissatisfied   with   the   meagre

       compensation awarded by the SLAO, the Claimants sought

       reference under Section 18 of the Act. The Claimants claimed

       compensation @ of Rs.1,000/- to Rs.1,200/- per R but, the
                                   4 of 7               907-FA.379.2008



         learned Reference Court enhanced the compensation @ of

         Rs.270/- per R. Being aggrieved thereby, the present appeals are

         filed by the Claimants.

7.           Mr. Yadnyesh V. Dharmadhikari h/f. Mr. Ajay G. Talhar,

learned Advocate for the Appellants, tenders across the bar the order

passed by this Court in First Appeal No.642 of 2008 dated 14.08.2026,

whereby the land situated at village Tandalwadi, Taluka Chopda,

District Jalgaon, was acquired for the purpose of Hatnur Left Canal

Kurvel Distributory. He submits that the lands situated in these villages

were also acquired for the distributory canals of Hatnur Dam. He

further contends that, while deciding First Appeal No.642 of 2008, this

Court relied upon a sale instance from village Chahardi, which is

adjacent to village Akhatwadi. He has also invited my attention to the

oral evidence led on behalf of the Claimants and contended that the

said evidence establishes that village Chahardi is situated near village

Akhatwadi. Therefore, he prays to consider the same and allow the

appeals.

8.           Per contra, Mr. A. M. Phule, learned AGP for the Respondent-

State,     and   Mr.   Ajay   D.   Pawar,   learned   Advocate    for     the

Respondent/acquiring body, vehemently submit that the projects are

different and that merely because, in an earlier matter, this Court relied

upon a sale instance from village Chahardi, the same cannot be a
                                 5 of 7                 907-FA.379.2008



ground for granting parity in the present matters. They, therefore, pray

that the order passed by this Court in First Appeal No.642 of 2008 may

not be considered, as the two projects are different.

9.        Having heard the learned Advocates for the respective parties

and with their able assistance, I have gone through the record and

proceedings. From the oral evidence led by CW-1, it has come on

record that village Chahardi is situated near village Akhatwadi. There

is no contra evidence led before the learned Reference Court.

Therefore, once it has come on record that Akhatwadi and Chahardi

are adjacent to each other, and in First Appeal No.642 of 2008, the sale

instance from village Chahardi was considered while granting

compensation in respect of the land acquired from village Tandalwadi

for the purpose of Hatnur Left Canal Kurvel Distributory, the said order

assumes relevance in the present matters.

10.       In the present case, the land was acquired for Hatnur Canal

Sub-Distributories Nos.3, 4 and 5. In view of the fact that this Court

has already considered the sale instance from village Chahardi and

determined the compensation in First Appeal No.642 of 2008, I find

that, though the projects are different, the said sale instance can be

considered for determining the compensation in the present first

appeals. Therefore, the order passed by this Court in First Appeal

No.642 of 2008 can be relied upon while determining the
                                     6 of 7                    907-FA.379.2008



compensation payable in the present matters.


11.           As this Court has already relied upon the sale instance from

village Chahardi and determined the compensation on that basis, I am

inclined to partly allow the appeals. Hence, I proceed to pass the

following order:


                                     ORDER

      (i)     The present appeals are partly allowed.

      (ii)    The impugned judgment and award dated 24.03.2005

              passed by the learned Civil Judge, Senior Division,

              Amalner in LAR Nos.332/1993, 334/1993, 335/1993,

              337/1993 and 336/1993 is modified to the extent that

              the Claimants shall be entitled to compensation at the

              rate of Rs.1,100/- per R for the acquired lands.

      (iii)   The Claimants shall be entitled to interest and other

              statutory benefits in accordance with the 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.

      (iv)    If   the   Claimants   have     not   received   the    rental

              compensation at the aforesaid rate, they are at liberty to

              file an application before the Collector, Jalgaon.
                                         7 of 7                 907-FA.379.2008



          (v)    If such an application is filed, the Collector, Jalgaon

                 shall give an opportunity of hearing to the acquiring

                 body as well as the State and, thereafter, pass an

                 appropriate    order   regarding     payment     of   rental

                 compensation in accordance with the Government

                 policy.

          (vi)   Rest of the award remains unaltered.

          (vii) Modified award be drawn accordingly.

          (viii) The Claimants to pay deficit Court fee, if any, on the

                 enhanced amount.

          (ix)   Pending civil applications, if any, are also disposed of.



                                           (SIDDHESHWAR S. THOMBRE, J.)

Tauseef


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.