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Bombay High Court

MADHUKAR GANPAT GHODINDEversusTHE SPL.LAND ACQUISITION OFFICER

Decided
Disposal
Disposed Off

Holding

The compensation for the acquired land is enhanced to Rs.25 per square meter, matching the precedent.

Summary

The appellants, heirs of the deceased original claimant, appealed for a higher compensation for land acquired in Karanjade village, Raigad, under a 1970 notification. The Reference Court had awarded Rs.18 per square meter, but a later decision in Yashwant Changu Bhagat v. State of Maharashtra set the rate at Rs.25 per square meter. Relying on that precedent, the High Court enhanced the compensation to Rs.25 per square meter and affirmed the claimants' entitlement to all statutory benefits under the land acquisition law. The Court directed the State to pay the enhanced amount within twelve weeks of the final determination by the Land Reference Court. The appeal was disposed in favor of the appellants.

Issues considered

  • Whether the compensation awarded by the Reference Court should be enhanced to align with the rate established in Yashwant Changu Bhagat v. State of Maharashtra.

Subjects

  • land acquisition
  • compensation enhancement
  • statutory benefits
  • reference court
  • precedent

Judgment

2026:BHC-AS:26094
                Sayyed                                                               21-FA.422.2004.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO.422 OF 2004

                Madhukar Ganpat Ghodinde
                since deceased through his legal heirs
                1a. Mangala Madhukar Ghodinde & Ors.         ...Appellants
                      Versus
                The Special Land Acquisition Officer         ...Respondent
                       _____________________________________________________
                Ms. Sanchita Thakur a/w Mr. Ojas Kocharekar i/by Mrs. Seema Sarnaik
                for the Appellants.
                Mr. A. R. Patil, Addl. G. P. for the Respondent-State.
                       _____________________________________________________

                                                     CORAM :          JITENDRA JAIN, J.
                                                     DATE         :   25 JUNE 2026
                P.C.:
                1.          This appeal is filed by the original claimant seeking
                enhancement of compensation awarded by the Reference Court by virtue
                of acquisition of land at village Karanjade, District Raigad under
                Notification dated 3 February 1970.

                2.          The Reference Court awarded Rs.18/- per square meter. This
                issue under the same Notification and village had come up for
                consideration in the case of Yashwant Changu Bhagat vs. The State of
                Maharashtra & Anr.1 and this Court has awarded Rs.25/- per square
                meter.

                3.          Respectfully following the above decision, the compensation is
                enhanced to Rs.25/- per square meter. The claimants would be entitled
                to all the statutory benefits under the Act.

                4.          The parties to appear before the Reference Court with the
                calculation on 27 July 2026 and the Reference Court to verify the same
                1 First Appeal No.644 of 2019 order dated 7 October 2025




                                                         1 of 2
                             Sayyed                                                     21-FA.422.2004.doc


                             and pass an appropriate order. The original Reference Court’s order is
                             modified to the above extent. State to pay the amount to the claimants
                             within twelve weeks of final determination by Land Reference Court.

                             5.       Appeal is disposed of in above terms.



                                                                          [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 25/06/2026 17:02:53                                     2 of 2


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