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Bombay High Court

PANDHARI KONDIBA KAMBLEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The appeal is allowed, granting the appellant a compensation rate of Rs 1,25,000 per hectare for dry land, but denying interest and statutory benefits for the delayed period, except for interest under Sections 28 and 34 of the Land Acquisition Act, 1894.

Summary

The appellant, Pandhari Kondiba Kamble, challenged the compensation awarded in 2017 for dry land acquired for the ‘Lendi’ project in Marajwadi village, Nanded, seeking a higher rate of Rs 1,25,000 per hectare based on the court’s consistent awards in similar acquisitions. The State of Maharashtra contended that the original award was adequate and that no enhancement was warranted. The court examined the earlier award, the statutory provisions under the Land Acquisition Act, 1894, and the precedent of a recent order (19‑Jan‑2026) granting the same rate for dry land in the same project. Relying on the established pattern of awards for dry, semi‑irrigated and irrigated lands, the court held that the appellant was entitled to the enhanced rate. However, the court denied interest and statutory benefits for the delayed period, allowing only interest under Sections 28 and 34 of the Act as per a full‑bench judgment, and ordered the record to be sent back to the reference court for drawing the new award.

Issues considered

  • What compensation rate per hectare is applicable to dry land acquired for the ‘Lendi’ project?
  • Whether the appellant is entitled to interest and statutory benefits for the period of delay in payment.

Legislation cited

Subjects

  • land acquisition
  • compensation rate
  • dry land
  • interest under Land Acquisition Act
  • appellate decision
  • statutory benefits

Judgment

2026:BHC-AUG:4614




                                                    (1)                     29 FA 3832 OF 2023


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  29 FIRST APPEAL NO. 3832 OF 2023

                                   PANDHARI KONDIBA KAMBLE
                                                VERSUS
                             THE STATE OF MAHARASHTRA AND ORS
                                                    ...
           Ms. L. R. Thakur h/f. Mr. L. C. Patil, Advocate for Appellant
           Mr. N. D. Raje, AGP for Respondent/s-State
                                                   …

                                              CORAM       : SHAILESH P. BRAHME, J.
                                              DATE        : 28.01.2026

           PER COURT :-
           .              Heard both sides. Taken up for final disposal with the consent of

           the parties.

           2.             Judgment    and   award    dated   06.05.2017    passed    in    LAR

           No.379/2007 is questioned in the First Appeal.

           3.             Learned counsel for the appellant has pressed into service ground

           of parity by relying on common order dated 19.01.2026 passed in First Appeal

           No.2886 of 2025 with connected matters. It is submitted that the appellant is

           entitled to rate of Rs.1,25,000/- per hector considering the consistent view

           being taken in these matters.

           4.             Learned counsel for the respondents would contest the appeal. It

           is submitted that the appellant has failed to make out a case for enhancement
                                                     (2)                                      29 FA 3832 OF 2023


and the Reference Court has adequately granted the compensation.

5.                The land under acquisition is from village Marajwadi, Taluka

Mukhed, District Nanded which was acquired for ‘Lendi’ project. The

notification under Section 4 was issued on 05.03.1998. The land is treated to

be dry land which is not disputed by either of the parties.

6.                Following are the material particulars of the appeal :

     FA No.    LAR No.   Gut    Total Notification   Award u/s.   SLAO rate   Ld. Reference    Covered matter court
                         No.   Acquire   u/s.4        11 date       as per        Court              granted
                               d area                               award       enhanced
                                                                               rate per R
3832/2023     379/2007 16/2/1 0H 56R 05.03.1998      25.10.2004   35,914/-    10,775/-        Dry Land 1,25,000/-
              06.05.2017 dry                                                                  per Hector
                         land                                     64137/- P.H (30% more
                                                                              than amount     Seasonally irrigated
                                                                  641/- per R awarded by      1,87,500/- per Hector
                                                                              SLAO)
                                                                                              Perennially
                                                                                              Irrigated 2,50,000/- per
                                                                                              Hector




7.                This Court has been taking consistent view in case of acquisitions

of the lands from cluster of villages for ‘Lendi’ project in awarding rate of

Rs.1,25,000/- per hector for dry land, Rs.1,87,500/- per hector for semi-

irrigated land and Rs.2,50,000/- per hector for irrigated land. Present case is

squarely covered by the consistent view taken by this Court. One such order is

passed on 19.01.2026 in respect of acquisition of land from selfsame village

and notification has been pressed into service. There is no difficulty in

awarding the rate of Rs.1,25,000/- per hector to the appellant. I, therefore,
                                         (3)                     29 FA 3832 OF 2023


pass following order :

                                     ORDER

      a.      First Appeal is allowed.
      b.      The appellant shall be entitled to the rate of Rs.1,25,000/-
      per hector for dry land.
      c.      The appellant shall not be entitled to the interest and
      statutory benefits for the delayed period as well as lapses of 896
      days.
      d.      The appellants shall be entitled to the interest under
      Section 28 and 34 of the Land Acquisition Act, 1894 as per full
      bench judgment of State of Maharashtra Vs. Kailash Shiva
      Rangari [2016 AIR (Bom.)141].
      e.      The appellant shall pay the deficit court fees.
      f.      Record and Proceeding be sent back to the Reference Court.
      g.      Award be drawn accordingly.



                                                     ( SHAILESH P. BRAHME, J. )
PRW


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