Bombay High Court
MOHAMMAD HARUN A. HUSAIN DESHMUKHversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- SHAILESH P BRAHME
Holding
The Court held that the appellants are entitled to compensation at Rs.4800 per Are for dry land, but are not entitled to interest and statutory benefits for the delayed period, only interest under Sections 28 and 34 of the Land Acquisition Act.
Summary
The appellants, original claimants whose dry land in Mapegaon village was acquired for the Nimna Dudhna Project, challenged the compensation awarded by the Reference Court of Rs.2500 per Are, contending that they should receive the escalated rate of Rs.4800 per Are applied in a similar acquisition. The acquiring body opposed the claim of parity, arguing that the escalation ground was unavailable to them. The Court examined whether the principle of parity and a 10% per annum escalation for six years and ten months could be extended to the appellants’ lands. Relying on earlier judgments in the same project, the Court held that the appellants were entitled to the higher rate of Rs.4800 per Are for dry land. However, the Court limited the relief by denying interest and statutory benefits for the delayed period, granting only interest under Sections 28 and 34 of the Land Acquisition Act from the date of the final award. The appeals were therefore partly allowed, with the compensation adjusted accordingly and other terms of the original award left unchanged.
Issues considered
- Whether the appellants are entitled to the escalated compensation rate of Rs.4800 per Are on the ground of parity with similar acquisitions.
- Whether interest and statutory benefits for the delayed period can be claimed in addition to the escalated compensation.
Legislation cited
- Land Acquisition Act — s. 28, 34
Subjects
- land acquisition
- compensation
- escalation
- parity
- dry land
- interest
- statutory benefits
- Nimna Dudhna Project
Judgment
2026:BHC-AUG:1716
11 to 14 FA 3074 22+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
11 FIRST APPEAL NO. 3074 OF 2022
A. JABBAR @ MANNAN A. SHIKUR DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
AND
12 FIRST APPEAL NO. 3080 OF 2022
JAVED IKBAL A. MANNAN DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
AND
13 FIRST APPEAL NO. 3156 OF 2022
MOHAMMAD GAUS A. HUSAIN DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
AND
14 FIRST APPEAL NO. 3978 OF 2022
MOHAMMAD HARUN A. HUSAIN DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellants in all F.A. : Mr. Koralkar Arun H.
AGP for Respondents/State : Mr. S.V. Hnge, S.N. Morampalle and N.D. Raje
in respective First Appeal
Advocate for Respondent-Acquiring Body in respective F.A. : Mrs. Chaitali
Chaudhari Kutti, Mr. Prashant S. Shinde
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 13.01.2026
PER COURT :
The appellants, who are original claimants are aggrieved by
inadequate compensation given by the Reference Court in their respective
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11 to 14 FA 3074 22+.odt
references. All material facts are common, hence appeals can be decided by
common order. They are claiming parity for getting rate of Rs. 4800/- per
Are. Their lands are from village Mapegaon, Tq. Partur, Dist. Jalna, acquired
for Nimna Dudhna Project.
2. The appeals are contested by the respondent-Acquiring Body. It is
vehemently contended that ground of parity is not available to them.
4. Following are the material particulars:
Sr. First L.A.R. Gat Total U/sec.4 U/sec.11 SLAO Reference Type of
No. Appeal No. No. No. acqu notification Award date rate per Court land
-ired date R as per enhanced referenc
area Award rate per R e court
awarded
Jirayat
1) 3074/2022 889/2010 69 6H 11.07.2002 11.02.2006 858.9/- 2500/- 6H 54 R
54R per R for Per R for
Dry land dry land
2) 3080/2022 305/2010 23/1 1H 11.07.2002 11.02.2006 829.3/- 2500/- 1H 46R
46R per R dry Per R for
land dry land
3) 3156/2022 309/2010 66/2 4H 11.07.2002 11.02.2006 888/- Per 2500/- 4H 04R
04R R for dry Per R for
land dry land
4) 3978/2022 306/2010 58/2 4H 11.07.2002 11.02.2006 888/- Per 2500/- 4H 04R
04R R for dry Per R for
land dry land
5. The lands are dry lands. The respondents did not challenge the
classification and the rate awarded by the Reference Court Rs. 2500/- per
Are. Appellants are claiming benefit of escalation at the rate of Rs. 10% per
annum for six years and 10 months. A common judgment and award dated
15.12.2025 is pressed into service to claim parity. In that case also lands
from adjoining village were acquired and benefit of escalation was extended
to them. This Court has taken consistent view in various other matters
arising out of acquisition proceedings in respect of Nimna Dudhna Project in
extending benefit of escalation. The appellants are entitled to have rate of
Rs. 4800/- per Are for their dry lands. I, therefore, pass following order.
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11 to 14 FA 3074 22+.odt
ORDER
(i) First Appeals are allowed partly.
(ii) The appellants shall receive the compensation at
the rate of Rs. 4800/- per Are for dry land.
(iii) The appellants shall not be entitled to claim
interest and statutory benefits for the delayed period.
(iv) The appellants shall be entitled to interest U/Sec.
28 and 34 of the L. A. Act is payable from the date of final
award as per the judgment in the matter of State of
Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4)
All MR 513.
(v) Save and except above, rest of the impugned
judgment and award shall stand unaltered.
(vi) The appellants shall pay deficit court-fees.
(vii) Award be drawn accordingly.
(viii) Record and proceedings be sent back to the concerned
Court.
( SHAILESH P. BRAHME, J.)
mkd/-
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