Bombay High Court
MAHADEO MANIK SATPUTEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeal is partly allowed; compensation for seasonally irrigated land is fixed at Rs.4,500 per R (Rs.1,80,000 per acre) with interest under sections 28 and 34 of the Act payable from the date of the original award.
Summary
The appellant Mahadeo Manik Satpute appealed against the award of compensation for land acquired under the Land Acquisition Act, contending that the rate should reflect the land's seasonal irrigation status. The court noted a prior decision (First Appeal No.4047 of 2017) that had fixed a higher rate for irrigated land, but accepted the appellant’s argument that the present land is only seasonally irrigated. Consequently, the court partially allowed the appeal, setting the compensation at Rs.4,500 per R (Rs.1,80,000 per acre) for seasonally irrigated land and ordering interest under sections 28 and 34 of the Act from the date of the original award. The award was to be modified accordingly, with the remainder of the award unchanged, and the claimant was directed to pay any deficit court fees. All pending civil applications were also disposed of.
Issues considered
- Whether the compensation rate for seasonally irrigated land should differ from that for fully irrigated land as determined in the earlier case.
- Whether interest under sections 28 and 34 of the Land Acquisition Act is payable on the enhanced compensation amount.
Legislation cited
- Maharashtra Land Acquisition Act, 1960 — s. 28, 34
Subjects
- land acquisition
- compensation
- seasonally irrigated land
- interest
- award modification
- appeal
Judgment
2026:BHC-AUG:44557
29-FA-4046-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
29 FIRST APPEAL NO. 4046 OF 2017
Mahadeo Manik Satpute
VERSUS
The State Of Maharashtra And Another
……
Mr. Santosh N. Patne, Advocate for Appellant
Mr. S.N. Morampalle, AGP for Respondents No.1 and 2
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. The present appeal arises out of the Judgment and Award dated
17.06.2014 passed by the learned Joint Civil Judge, Senior Division,
Osmanabad, in Land Acquisition Reference No.518 of 2011.
3. The learned counsel for the appellant has tendered across the Bar a
copy of the order dated 31.08.2026 passed by this Court in First Appeal
No.4047 of 2017, wherein this Court determined the market value of the
acquired bagayat land at the rate of Rs.6,000/- per R, i.e. Rs.2,40,000/- per
acre. He submits that the controversy involved in the present appeal is
squarely covered by the aforesaid order. However, he fairly submits that the
land acquired in the said matter was irrigated land, whereas the land
acquired in the present matter is seasonally irrigated land. He, therefore,
submits that the present appeal deserves to be disposed of in terms thereof.
4. The learned A.G.P. appearing for respondent Nos.1 and 2 fairly
concedes the aforesaid position.
29-FA-4046-2017.odt
2
5. Having considered the submissions advanced by the learned counsel
for the respective parties and in view of the admitted position that the
controversy involved in the present appeal is covered by the decision of this
Court in the aforementioned matter, I see no reason to take a different view.
The present appeal, therefore, deserves to be disposed of in terms of the said
order. Hence, the following order:
ORDER
(i) The First Appeal is partly allowed.
(ii) Claimant is entitled to receive the compensation at the rate of
Rs.4,500/- per R. for seasonally irrigated land i.e. Rs.1,80,000/- per Acre.
(iii) The claimant is entitled to receive the interest under sections 28 and
34 of the Act from the date of award in view of the law laid down by the
Full Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva
Rangari, 2016 (3), 457.
(iv) Modified award be drawn accordingly.
(v) Rest of the award remains unaltered.
(vi) Claimant to pay the deficit court fees, if any, on enhanced amount.
(vii) Pending civil applications, if any, are also disposed of
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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