Bombay High Court

BAPURAO DHONDIBA MHASKE (DIED) THR LRS AAAPPASAHEB AND ORSversusTHE 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 Rs 4,426 per R for dry land (and higher rates for other land types), thereby partially allowing the appeals.

Summary

Multiple appellants challenged the compensation awarded for dry land acquired under the Land Acquisition Act, 1894 for the Nimna Dudhna Project in Padali village. The original award fixed a rate of Rs 2,500 per R, but the appellants sought parity with other similar acquisitions and claimed a rate of Rs 4,426 per R. The High Court noted that the same lands and notification were common to earlier appeals, particularly First Appeal No. 3681 of 2022, where a consistent rate of Rs 2,500 per R had been upheld. Relying on the principle of parity and a compilation of precedents, the Court held that the appellants were entitled to the higher rate of Rs 4,426 per R for dry land (and specified higher rates for other land categories). It also ordered interest under Sections 28 and 34 of the Land Acquisition Act, referencing State of Maharashtra v. Kailas Shiva Rangari, but denied interest for the delayed period and required the appellants to pay court fee deficits. The judgment partially modified the original award and allowed the appeals in part.

Issues considered

Whether the appellants are entitled to a higher compensation rate than the Rs 2,500 per R awarded for dry land.
Whether parity with other similar acquisitions justifies escalation to Rs 4,426 per R.
Whether interest under Sections 28 and 34 of the Land Acquisition Act is payable on the enhanced award.
Whether statutory benefits for the period of delay should be granted.

Legislation cited

Land Acquisition Act, 1894 — s. 11, 28, 34, 4

Subjects

land acquisition
compensation enhancement
parity principle
interest under Land Acquisition Act
Nimna Dudhna Project
dry land valuation

Judgment

2026:BHC-AUG:3816

1 fa 432.24

IN THE HIGH COURT of JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL NO. 432 of 2024

Vimalbai Dnyanoba Borade .. Appellant
Versus
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Shri D. A Bhide, Advocate and Shri Pravin B. Rakhunde, Advocate
for the Appellant in all matters.
Shri S. N. Morampalle and Shri N. D. Raje A.G.P. for the
Respondent Nos. 1 and 2 in respective matters.

WITH
FIRST APPEAL NO. 437 of 2024

Tukaram Bhimrao Borade .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL NO. 436 of 2024

Ashok @ Asaram Sudam Tanpure .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL NO. 230 of 2023

Aasaram Jeenaji Bobade and another .. Appellants
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Mrs. Geeta L. Deshpande, Advocate for the Respondent No. 3.
2 fa 432.24

WITH
FIRST APPEAL NO. 491 of 2024

Rukminbai Subhash Mote .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Shri G. G. Suryawanshi, Advocate for the Respondent No. 3.

WITH
FIRST APPEAL NO. 3513 of 2022

Gangadhar Shivaji Tanpure .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Mrs. Geeta L. Deshpande, Advocate for the Respondent No. 3.

WITH
FIRST APPEAL NO. 3514 of 2022

Punjaram Bhimrao Borade .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Shri Ram B. Deshpande, Advocate for the Respondent No. 3.

WITH
FIRST APPEAL NO. 3677 of 2022

Yunus Babamiya Momin .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Shri Bhushan V. Virdhe, Advocate for the Respondent No. 3.
3 fa 432.24

WITH
FIRST APPEAL NO. 3682 of 2022

Sumitrabai Udhavrao Tanpure .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

WITH
FIRST APPEAL NO. 3683 of 2022

Rukhminbai Uddhavro Mhaske .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Shri Ram B. Deshpande, Advocate for the Respondent No. 3.

AND
FIRST APPEAL NO. 3512 of 2022

Appasaheb Bapurao Mhaske .. Appellant
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

AND
FIRST APPEAL NO. 483 of 2023

Bapurao Dhondiba Mhaske
Since deceased through his L.Rs.
Aappasaheb and others .. Appellants
VERSUS
The State of Maharashtra, through
Collector, Jalna and others .. Respondents

Mrs. Sarita Gaikwad, Advocate for the Respondent No. 3.
4 fa 432.24

Shri D. A Bhide, Advocate and Shri Pravin B. Rakhunde, for the
Appellants in all matters.
Shri S. N. Morampalle and Shri N. D. Raje A.G.P. for the
Respondent Nos. 1 and 2 in respective matters.

CORAM : SHAILESH P. BRAHME, J.
DATE : 28TH JANUARY, 2026.
FINAL ORDER :

. With the consent of the parties appeals are decided finally at
admission stage.

2. These appeals can be decided by common judgment as the
location of the lands under acquisition, notification U/Sec. 4 of the
Land Acquisition Act, 1894 and award are common.

3. Appellants are challenging distinct judgments and award
passed by the Reference Court in their respective references.
Learned counsel Mr. D. A. Bide and Mr. P. B. Rakhunde for the
appellants have placed on record chart showing necessary
particulars and compilation for claiming parity. They are claiming
rate of Rs. 4,426/- per R for dry land, when Reference Court
awarded rate of Rs. 2,500/- per R only. Reliance is placed on
various judgments which are part of compilation. Out of that
common judgment dated 16.01.2026 passed in First Appeal No.
3681 of 2022 with other connected appeals is heavily relied. The
lands from self same village Padali have been acquired under
identical notification.

4. Learned counsels appearing for the respondent – acquiring
5 fa 432.24

body vehemently oppose the submissions and grounds of appeals.
They would submit that the rate claimed by the appellants cannot
be granted as a rule of thumb. Appellants are unable to make out
a case for enhancement. The Reference Court has already
enhanced the rate upto Rs. 2,500/- per R, which is reasonable and
adequate.

5. Lands have been acquired from village Padali, Tq. Partur,
Dist. Jalna for Nimna Dudhna Project. All are classified as dry
lands. The parties are ad-idem for the classification of the lands.
The notification U/Sec. 4 of the Land Acquisition Act was issued on
09.08.2002 and award was passed on 05.08.2005.

6. Following are the material particulars.

Sr. First L.A.R. Land Area Date of Sec. Date of Rate Rate
No. Appeal No. No. gut in (R) 4 Award granted by awarded by
No. notification U/Sec. 11 S.L.A.O. Reference
Dry land Court Dry
land
1 432/2024 90/2010 29/E 80R 09.08.2002 05.08.2005 Rs. 703/- Rs. 2500/-
per R per R
2 3514/2022 416/2010 29/B 79R 09.08.2002 05.08.2005 Rs. 662/- Rs. 2500/-
29/D 80R per R per R
3 3683/2022 411/2010 31/D 60R 09.08.2002 05.08.2005 Rs. 726/- Rs. 2500/-
25 1H 18R per R per R
31/C 72R
4 3682/2022 1013/2010 44/B 85R 09.08.2002 05.08.2005 Rs. 555/- Rs. 2500/-
per R per R
5 3513/2022 871/2010 44/A 2H 23R 09.08.2002 05.08.2005 Rs. 562/- Rs. 2500/-
per R per R
6 3677/2022 1176/2010 24/3 20R 09.08.2002 05.08.2005 Rs. 790/- Rs. 2500/-
24/3/D 28R per R per R
7 230/2023 1230/2010 9/D 2H 84R 09.08.2002 05.08.2005 Rs. 765/- Rs. 2500/-
per R per R
6 fa 432.24

8 437/2022 430/2010 37/C 1H 02R 09.08.2002 05.08.2005 Rs. 590/- Rs. 2500/-
37/D 1H 05R per R per R
9 436/2024 943/2010 44/A 2H 40R 09.08.2002 05.08.2005 Rs. 553/- Rs. 2500/-
per R per R
10 491/2024 719/2010 7/E 1H 71R 09.08.2002 05.08.2005 Rs. 768/- Rs. 2500/-
per R per R
11 3512/2022 22/2010 16/B 5H 72R 09.08.2002 05.08.2005 Rs. 733/- Rs. 2500/-
(40R pot R per R
kharab)

12 483/2023 485/2010 21/4 0.3R 09.08.2002 05.08.2005 Rs. 706/- Rs. 2500/-
20/A 0.85R R per R
14/A 2H 31R

7. This Court has been taking consistent view of awarding rate
of Rs. 2,500/- per R for dry land based on classification of the lands
from village Satona acquired for Nima Dudhna Project. The
cluster is comprising of various villages including village Padali.
This Court had occasion to decide first appeals arising out of self
same acquisition proceedings, notification and award vide common
judgment dated 16.01.2026 in First Appeal No. 3681 of 2022 and
other connected matters. Present appeals are squarely covered by
the judgment. Appellants are entitled to claim escalation with
cumulative effect. Considering the documents on record and
various orders passed by this Court, which are produced on record
by way of compilation, appellants are entitled to rate of Rs. 4,426/-
per R for dry lands.

8. For the reasons mentioned above, I pass following order.

ORDER

A. The first appeals are allowed partly.
7 fa 432.24

B. The appellants are entitled to receive rate of Rs. 4,426/- per
R for dry land and Rs. 6,629/- per R for seasonal irrigated
land, Rs. 8,852/- per R for fully irrigated land and Rs.
2,213/- per R for pot kharab land.

C. 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 of the Full Bench of this Court in the matter of
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 appellants shall not be entitled to receive interest and
statutory benefits for the delayed period.

F. The appellants shall pay the deficit court fees.

G. Award be drawn up accordingly.

I. Record and proceeding shall be sent back.

[ SHAILESH P. BRAHME J. ]
bsb/Jan. 26

Continue reading with your account

Checking your session…