SUDHAKAR KASHIRAM PATILversusTHE SPECIAL LAND ACQUISITION OFFICER, UTPH-1, JALGAON AND ANR

2026:BHC-AUG:44564
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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                  15 CIVIL APPLICATION NO. 11267 OF 2026 IN FA/4908/2017
                                           WITH
                               FIRST APPEAL NO.4908 OF 2017
                                     Sudhakar Kashiram Patil.
                                             VERSUS
                  The Special Land Acquisition Officer, Utph-1, Jalgaon And Anr.
                                               ……
          Mr. Ajeet B. Kale, Advocate for Applicant
          Mr. S.S. Dande, AGP for Respondent No.1
          Mr. V.V. Tarde, Advocate for Respondent No.2
                                               …...

                                               CORAM : SIDDHESHWAR S. THOMBRE, J.
                                               DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          ORDER IN CIVIL APPLICATION NO.11267 OF 2026:

          1.      The present application is filed for restoration of the First Appeal
          No.4908 of 2017 by quashing and setting aside the order dated 03.10.2025
          passed by the Registrar (Judicial) by condoning the delay of 15 days caused
          in preferring the present application.

          2.      For the reasons stated in the application, application is allowed in
          terms of prayer clause ‘A’. The delay of 15 days caused in preferring the
          present application is hereby condoned. The First Appeal No.1908 of 2017
          be restored to its original state.


          ORDER IN FIRST APPEAL NO. 4908 OF 2017:

          1.      Heard learned counsel for the respective parties.

          2.      By this appeal, the appellant-original claimant challenges the
          Judgment and Award dated 27.10.2009 passed by the learned Joint Civil
          Judge, Senior Division, Jalgaon in Land Acquisition Reference No.894 of
          2005.
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3.      Learned counsel for the appellant has placed on record a copy of the
judgment delivered by the Division Bench of this Court in Special Land
Acquisition Officer (III), Jalgaon and another v. Bhagwat Vitthal Sonwane,
reported in 2009 (4) Mh.L.J. 308 , arising out of the same project. He
submits that, in the said case, this Court determined the market value of the
acquired jirayat land at the rate of Rs.2,00,000/- per hectare, the bagayat
land at twice the rate applicable to jirayat land, i.e. Rs.4,00,000/- per
hectare, and the potkharab land at the rate of Rs.1,00,000/- per hectare. In
the present case, the learned Reference Court has determined the market
value of the acquired jirayat land at the rate of Rs.1,95,000/- per hectare.
He, therefore, submits that the rates of compensation determined in the
aforesaid judgment may also be applied to the acquired land in the present
case.


4.      The learned AGP as well as the learned counsel for the acquiring
body fairly concede the aforesaid position.


5.      In view of the aforesaid judgment of the Division Bench, the
appellant would be entitled to compensation at the rates determined
therein. The First Appeal, therefore, deserves to be partly allowed and the
impugned Judgment and Award deserves to be modified to that extent.
Hence, the following order:


                                  ORDER


I.      The First Appeal is partly allowed.


II.     The Judgment and Award dated 22.01.2010 passed by the learned
Joint Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference
No.901 of 2006 is modified to the extent indicated hereinbelow.
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III.       The claimant shall be entitled to compensation for the acquired land
at the rate of Rs.2,00,000/- per hectare for jirayat land, Rs.4,00,000/- per
hectare for bagayat land and Rs.1,00,000/- per hectare for potkharab land
as per categorization done by the learned Reference Court.


IV.        The claimant shall be entitled to all consequential statutory benefits
on the enhanced amount of compensation, in accordance with the
provisions of the Land Acquisition Act, 1894.


V.         The claimant shall be entitled to interest under Section 34 of the
Land Acquisition Act, 1894, strictly in accordance with the Full Bench
judgment of this Court in State of Maharashtra vs. Kailas Shiva Rangari ,
2016 (3) 457.

VI.        Save and except the aforesaid modification, the Judgment and
Award passed by the learned Reference Court shall remain unaltered.


VII        The claimants shall not be entitled to claim the statutory benefits
and interest for the delayed period, if any


VIII.      The appellant shall pay the deficit Court-fees, if any.


IX.        The modified award be drawn accordingly.


                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE




S P Rane