Bombay High Court
PANDHARI KONDIBA KAMBLEversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
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
- Land Acquisition Act, 1894 — s. 28, 34, 4
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
Checking your session…