Bombay High Court

SAMBHAJI SAYABA SURWASEversusTHE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ANR

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The appellant is entitled to receive a rate of Rs 20 per square foot (Rs 20,000 per R) for the acquired land.

Summary

The appellant's land in Osmanabad was acquired under the Land Acquisition Act, with an award fixing compensation at Rs 35,000 per hectare in 1996. The appellant sought an enhancement of the compensation rate by Rs 20 per square foot on the ground of parity, relying on a prior reference court decision (L.A.R. No. 606 of 2005) that approved the same rate. The State opposed, arguing the appellant must prove his case independently and no parity-based enhancement is warranted. The High Court noted its earlier orders enhancing rates in the same acquisition and found the reference court's approach discriminatory, thereby granting the parity claim. The court allowed the appeal partly, fixing the compensation at Rs 20 per square foot (Rs 20,000 per R) and awarding interest under Sections 28 and 34 of the Act from the date of the final award, but denied interest for the delayed period and left the rest of the award unchanged.

Issues considered

Whether the appellant is entitled to an enhanced compensation rate of Rs 20 per square foot on the basis of parity with other awardees
Whether interest under Sections 28 and 34 of the Land Acquisition Act is payable to the appellant

Legislation cited

Land Acquisition Act — s. 11, 28, 34, 4

Subjects

land acquisition
compensation enhancement
parity principle
interest under Land Acquisition Act
award modification

Judgment

2026:BHC-AUG:820




                                               1                         941 fa 4111.22

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                  FIRST APPEAL NO. 4111 OF 2022

                          Sambhaji Sayaba Surwase
                          Since deceased through his L.Rs.
                          Somnath S. Surwase                      .. Appellant

                               Versus

                          The State of Maharashtra, through
                          Collector Osmanabad and another         ..   Respondents

                   Shri Vivekanand V. Ingale, Advocate for the Appellant.
                   Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 2.

                                       CORAM : SHAILESH P. BRAHME, J.
                                        DATE : 08TH JANUARY, 2026.

                   FINAL ORDER :


                   .      Taken up for final hearing with the consent of the parties.
                   Heard both sides.


                   2.     Appeal is directed against common judgment and award
                   dated 21.01.2013 passed in L.A.R. No. 26 of 2008. The appellant
                   is claiming enhancement of rate to the extent of Rs. 20/- per
                   square feet on the basis of parity. For that purpose a compilation
                   is placed on record.


                   3.     Learned Assistant Government Pleader opposes the
                   submissions. He would submit that appellant is bound to prove
                   his case independently and no enhancement is required to be
                             2                         941 fa 4111.22

granted on the basis of parity.


4.      Appellant’s land has been acquired by notification U/Sec. 4
of the Land Acquisition (for the sake of brevity and convenience
hereinafter referred as to the “L. A. Act”) dated 16.02.1994. It
was from village Sastur, Tq. Lohara, Dist. Osmanabad. Award
U/Sec. 11 of the L. A. Act was passed on 20.10.1996 fixing rate of
Rs. 35,000/- per hectare, when the claim of the appellant was Rs.
25,000/- per R.         The land in question is acquired for
rehabilitation purpose.


5.      Reliance is placed on the judgment passed by the Reference
Court in L.A.R. No. 606 of 2005 arising out of self same award to
show that Reference Court approved the rate of Rs. 20/- per
square feet. The respondent authority did not prefer to challenge
the judgment. A letter to that effect is issued on 12.05.2022. The
approach of the Reference Court is discriminatory. Appellant is
also entitled to receive same rate.


6.      My attention is adverted to couple of orders passed by this
Court arising out of self same acquisition proceeding, by which
this Court enhanced the rate to the extent of Rs. 20/- per square
feet.   Appellant has made out case for enhancement on the
ground of parity. First appeal is bound to succeed. I, therefore,
pass following order.
                            3                           941 fa 4111.22

                            ORDER

A.    The first appeal is allowed partly.


B.    The appellant is entitled to receive rate of Rs. 20/- per
      square feet (Rs. 20,000/- per R) for the acquired land.


C.    The appellant 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 the State of Maharashtra Vs.
      Kailas Shiva Rangari reported in 2016(4) All MR 513.


D.    Save and except above modification, impugned judgment
      and award shall stand unaltered.


E.    The appellant shall not be entitled to receive interest and
      statutory benefits for the delayed period.


F.    The appellant shall pay the deficit court fees.


G.    Award be drawn up accordingly.


                                [ SHAILESH P. BRAHME J. ]


bsb/Jan. 26

Continue reading with your account

Checking your session…