Bombay High Court

DATTA RANGNATH RAJBINDEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The Court held that the appellants are entitled to enhanced compensation rates of Rs 3,268, Rs 4,902, Rs 6,536 and Rs 1,634 per R for dry, seasonally irrigated, irrigated and pot‑kharat lands respectively, but are not entitled to interest for the delayed period except under Sections 28 and 34 of the Land Acquisition Act, 1894.

Summary

The appellants owned lands in Shridhar Jawale village, Jalna district that were acquired for the Nimna Dudhna Project under a 1999 notification. The Land Acquisition Officer’s compensation rates were deemed inadequate and the Reference Court enhanced them to Rs 2,500 per R for dry land, Rs 3,750 for seasonal irrigated land and Rs 5,000 for irrigated land. The appellants appealed, seeking further enhancement on the ground of parity with other cases. The High Court examined earlier decisions of this Court, notably Pralhad Annasaheb Nirval v. State of Maharashtra (First Appeal No. 1778 of 2024) and a common order in First Appeal No. 478 of 2026, and fixed higher rates of Rs 3,268 per R for dry land, Rs 4,902 for seasonally irrigated land, Rs 6,536 for irrigated land and Rs 1,634 for pot‑kharat land. The Court denied interest and statutory benefits for the delayed period but allowed interest under Sections 28 and 34 of the Land Acquisition Act, 1894 as per State of Maharashtra v. Kailash Shiva Rangari. The order modifies the award while leaving the rest of the Reference Court’s judgment unchanged.

Issues considered

Whether the appellants are entitled to further enhancement of compensation beyond the Reference Court award on the ground of parity.
Whether interest and statutory benefits for the period of delay are payable to the appellants.
Whether the rates fixed in prior judgments for similar acquisitions are applicable to the present case.

Legislation cited

Land Acquisition Act, 1894 — s. 28, 34

Subjects

land acquisition
compensation enhancement
parity principle
Nimna Dudhna Project
interest under Land Acquisition Act
statutory benefits
appellate court

Judgment

2026:BHC-AUG:17100

1 930 fa st. 26264

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL STAMP NO. 26264 OF 2024

Kashinath Manohar Rajbinde
Since deceased through his L.Rs.
Dwarka Kashinath Rajbinde and others .. Appellants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 6019 OF 2022

Devidas Bhaurao Karpe
Since deceased through his L.Rs.
Chaturabai Karpe and others .. Appellants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 6013 OF 2022

Sopan Bapurao Rajbinde
Since deceased through his L.Rs.
Ramkala Sopan Rajbinde and others .. Appellants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 2346 OF 2024

Shivaji Govindrao Panage .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
2 930 fa st. 26264

WITH
FIRST APPEAL STAMP NO. 2340 OF 2024

Vikram Babpurao Choudhary
and another .. Appellants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 24695 OF 2025

Prakash Babasaheb Kharat .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 24688 OF 2025

Indar Babasaheb Kharat .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 2354 OF 2024

Sundar Abhiman Rajbinde
Since deceased through his L.Rs.
Indrabai and others .. Appellants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 1761 OF 2024

Shahurao Bapurao Rajbinde .. Appellant
Versus
3 930 fa st. 26264

The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 1934 OF 2024

Asaram Shrirangrao Chavhal .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 2345 OF 2024

Govind Ashroba Panage .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 2353 OF 2024

Dinkar Tryambak Rajbinde .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL STAMP NO. 26261 OF 2024

Rustum Bapurao Rajbinde .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL NO. 480 OF 2026

Datta Rangnath Rajbinde .. Appellant
Versus
4 930 fa st. 26264

The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL NO. 476 OF 2026

Maroti Anna Rajbinde .. Appellant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents

Shri D. A. Bide, Advocate for the Appellants in all matters.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in all
matters.
Shri S. G. Bhalerao, Advocate for the respondent No. 3 in all
matters.

CORAM : SHAILESH P. BRAHME, J.
DATE : 18TH APRIL, 2026.

FINAL ORDER :

. Taken up for final disposal with the consent of the parties.

2. Appellants have taken exception to the judgment and
award passed by the Reference Court and they are relying upon
the consistent view being taken by this Court in various matters.
They have placed on record compilation of relevant documents
and judgments for pressing into service ground of parity.

3. Learned counsel appearing for the respondent – acquiring
body would contest the submissions. It is submitted that already
adequate enhancement has been granted by the Reference Court.
5 930 fa st. 26264

Appellants have failed to make out any case for further
enhancement. The ground of parity is not available to the
appellants.

4. Appellants lands from village Shridhar Jawale, Tq. Partur,
Dist. Jalna stood acquired by notification dated 02.01.1999. The
acquisition is for Nimna Dudhna Project. The rate offered by the
Land Acquisition Officer was inadequate and appellants
preferred references. The Court by impugned judgment
enhanced the rate to Rs. 2,500/- per R for dry land, Rs. 3,750/- for
seasonal irrigated land and Rs. 5,000/- per R for irrigated land.
The classification of the lands is not disputed in the present
cases.

5. Following are the material particulars.

F.A. St. LAR No. Gut Tota Notification Award u/s. SLAO Ld. Type of land Ld.
No. No. l u/s.4 11 date rate as Reference Reference Court
Acq per Court awarded
uire award enhanced
d rate per R
area
Jira Sem Irr Pot
yat i iga kh
irrig ted ara
ated b

26264/2024 953/2010 176/1 01H 02.01.1999 25.01.2002 Rs. 666/- Rs. 2500/- 01H
21R per R per R 21R

2346/2024 148/2010 5/2 0H 02.01.1999 25.01.2002 Rs. 735/- Rs. 2500/- 66
66R per R per R R
2354/2024 255/2010 139/1 1H 02.01.1999 25.01.2002 Rs. 701/- Rs. 2500/- 1H
38R per R per R 38
R
2353/2024 603/2010 190/2 60R 02.01.1999 25.01.2002 Rs. 767/- Rs. 2500/- 60
per R per R R
2345/2024 753/2010 2 48R 02.01.1999 25.01.2002 Rs. 729/- Rs. 2500/- 48R 10
10R per R per R
PK 20R 02
20R
3 02R
Rs. 727/-
6 930 fa st. 26264

PK per R
2340/2024 1159/2010 199 1H 02.01.1999 25.01.2002 Rs. 751/- Rs. 2500/- 1H
21R per R per R 21R

1761/2024 776/2010 135/1 07R 02.01.1999 25.01.2002 Rs. 635/- Rs. 5000/- 59R 61R 07
137 61R Rs. 741/- Rs. 3750/- R
192/3 59R Rs. 753/- Rs. 2500/-
per R per R
1934/2024 172/2010 190/3 17R 02.01.1999 25.01.2002 Rs. 767/- Rs. 2500/- 17R 25
21 25R Rs. 1484 Rs. 5000/- R
per R per R
24688/2025 170/2010 101 43R 02.01.1999 25.01.2002 Rs. 565/- Rs. 2500/- 43R
per R per R
24695/2025 1172/2010 102 64R 02.01.1999 25.01.2002 Rs. 565/- Rs. 2500/- 64R
per R per R
26261/2024 942/2010 138/2 58R 02.01.1999 25.01.2002 Rs. 715/- Rs. 2500/- 8$R 32R
139/2 39R Rs. 701/-
192/2 19R Rs. 753/- Rs. 3750/-
per R per R
6013/2022 171/2010 135/2 05R 02.01.1999 25.01.2002 Rs. 1270 Rs. 5000/- 97R 05
138/1 58R Rs. 715/- R
192/1 39R Rs. 753/- Rs. 3750/-
per R per R
6019/2022 1012/2010 136 51R 02.01.1999 25.01.2002 Rs. 745/- Rs 2500/- 2H 26
14/1 60R Rs. 733/- 29R R
10/2 20R Rs. Rs. 5000/-
8 88R 1476/-
134 36R Rs. 753/-
Rs. 635/-
per R
F.A. No. 260/2010 176/3 41R 02.01.1999 25.01.2002 Rs. 666/- Rs. 2500/- 41R
476/2026 175 1H Rs. 707/- per R 1H
176/4 22R Rs. 666/- 22R
10R
10R
F.A. No. 151/2010 88 61R 02.01.1999 25.01.2002 Rs. 798/- Rs. 2500/- 61R
480/2026 per R

6. I have gone through the impugned judgment and award. I
have also considered judgments produced on record to disclose
consistent view being taken by this Court in case of acquisition of
lands from cluster of villages for the purpose of Nimna Dudhna
Project. This Court had an occasion to pass reasoned order in the
matter of Pralhad Annasaheb Nirval Vs. State of
Maharashtra and others in First Appeal No. 1778 of 2024
vide judgment dated 11.12.2025 granting rate of Rs. 2,500/-
per R for dry land, Rs. 3,750/- per R for seasonal irrigated land,
7 930 fa st. 26264

Rs. 5,000/- per R for irrigated land and Rs. 1,250/- per R for pot
kharat land. The same view has been consistently followed by
this Court in enhancing the compensation. A common order
dated 26.02.2026 passed by this Court in First Appeal No. 478 of
2026 with other connected matters in respect of acquisition of
lands from self same village, under self same notification and
award is also annexed fixing rate of Rs. 3,268/- per R for dry
land, Rs. 4,902/- per R for semi irrigated land and Rs. 6,536/- per
R for irrigated land. Appellants are also entitled to benefit of
escalation with cumulative effect.

6. Present appeals are squarely covered by the consistent
view and consistently last common order passed in First Appeal
No. 478 of 2026 and other connected matter. I, therefore, pass
following order :

ORDER

a. The appellants shall be entitled to receive Rs. 3,268/- per
Are for dry land, Rs. 4,902/- per R for seasonally irrigated land,
Rs. 6,536/- per Are and Rs. 1,634/- per R for pot kharat for
irrigated land, considering the nature of their lands classified by
the Reference Court.

b. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period.

c. The appellants shall be entitled to receive the interest
8 930 fa st. 26264

under Section 28 and 34 of the Land Acquisition Act, 1894 as per
Full Bench judgment of State of Maharashtra Vs. Kailash Shiva Rangari
reported in [2016 AIR (Bom.)141].

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

e. Record and proceeding be sent back to the Reference Court,
if any.

f. The appellants shall pay deficit court fees, if any.

g. Award be drawn accordingly.

h. The appellants shall be at liberty to approach the
competent authority for claiming rental compensation which
shall be decided in accordance with law.

[ SHAILESH P. BRAHME J. ]

bsb/April 26

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