Bombay High Court
EXECUTIVE ENGINEER, (MEDIUM PROJECT) DIVISION, LATUR AND ORSversusGOVIND GUNWANT BHALKE AND ANR
- Disposal
- DISPOSED OFF
Holding
The Court deleted First Appeal Nos. 576 and 577 of 2017 from the title clause, affirmed the specified compensation amounts, and ordered statutory benefits and interest under Sections 28 and 34 as per the Full Bench precedent.
Summary
The High Court of Bombay, Aurangabad Bench, entertained motions to correct a prior order dated 10 July 2026. The appellants argued that First Appeal Nos. 576 and 577 of 2017 were erroneously clubbed with First Appeal No. 699 of 2017 and should be removed from the title clause. The acquiring body pointed out that the order failed to reflect the grant of interest under Sections 28 and 34 of the applicable Act. The Court ordered the deletion of the two appeals from the title clause, affirmed the compensation rates of Rs.10,48,000, Rs.15,72,960 and Rs.20,97,280 per hectare for dry, seasonal irrigated and irrigated lands respectively, and directed that statutory benefits and interest be awarded in accordance with the Full Bench judgment in State of Maharashtra v. Kailash Shiva Rangari. The remainder of the earlier order was confirmed and the corrected order was to be uploaded.
Issues considered
- Whether First Appeal Nos. 576 and 577 of 2017 should be deleted from the title clause of the order
- Whether interest under Sections 28 and 34 of the Act should be granted to the claimants
- Determination of appropriate compensation rates per hectare for different categories of land
Subjects
- land acquisition
- compensation
- interest
- Section 28
- Section 34
- order correction
- appellate procedure
- Maharashtra
Judgment
2026:BHC-AUG:29388
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 FIRST APPEAL NO. 699 OF 2017
Megha Pralhadrao Biradar
VERSUS
The State Of Maharashtra And Ors
WITH
FIRST APPEAL NO. 576 OF 2017
Rohidas Mahadu Dhawle
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 577 OF 2017
Dayanand Vishwanath Dhavale And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 5001 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Uttam Panditrao Patil And Anr
WITH
FIRST APPEAL NO. 5075 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Gangadhar Bhaurao Jadhav And Ors
WITH
FIRST APPEAL NO. 5083 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Wahedabi Sayyed Lal
Shubham Page 1 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
WITH
FIRST APPEAL NO. 2032 OF 2016
Sadanand Shamrao Valakatte
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 5086 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Jabbar Sayyadlal Sayyad And Anr
WITH
FIRST APPEAL NO. 5087 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Subhash Narshing Kamble And Anr
WITH
FIRST APPEAL NO. 5082 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Sayyed Ismail Sayyed Lal And Ors
WITH
FIRST APPEAL NO. 1770 OF 2016
Sangram Ramrao Bhalke
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 1776 OF 2016
Ramesh Sopan Mogale And Anr
VERSUS
The State Of Maharashtra And Others
Shubham Page 2 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
WITH
FIRST APPEAL NO. 1774 OF 2016
Uttam Panditrao Patil And Anr
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 2031 OF 2016
Deelip Ramrao Patil And Another
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 5072 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Sikandar Bapurao Holkar
WITH
FIRST APPEAL NO. 5076 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Nagnath Sambhaji Bhalke
WITH
FIRST APPEAL NO. 5084 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Chandrkant Raghunath Jadhav (died) Thr Lrs Sulochanabai And Ors
WITH
FIRST APPEAL NO. 5089 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Afsarbi Sayyadlal Sayyed (died) Thr Lrs Malanbee And Anr
WITH
Shubham Page 3 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
FIRST APPEAL NO. 5000 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Ramesh Sopan Mogale And Anr
WITH
FIRST APPEAL NO. 5073 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Daivshala Sriram Tapshalkar
WITH
FIRST APPEAL NO. 1771 OF 2016
Hansraj Sopan Kamble Died Thr Lrs Panchasheela And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 691 OF 2017
Nagnath Sambhaji Bhalke
VERSUS
The State Of Maharashtra And Ors
WITH
FIRST APPEAL NO. 5088 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Sayyed Habib Sayyed Lal
WITH
FIRST APPEAL NO. 635 OF 2016
Gangadhar Bhaurao Jadhav And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 666 OF 2017
Shubham Page 4 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
Pralahd Ganpatrao Biradar Died Thr Lrs Muktabai And Ors
VERSUS
The State Of Maharashtra And Ors
WITH
FIRST APPEAL NO. 1773 OF 2016
Nagnath Sambhjaji Bhalke And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 4994 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Sangram Ramrao Bhalke
WITH
FIRST APPEAL NO. 5080 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Sadanand Shamrao Valakatte
WITH
FIRST APPEAL NO. 1768 OF 2016
Govind Gunwant Bhalke And Anr
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 5074 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Bapurao Narayan Holkar (died) Thr Lrs Awadabai And Anr
WITH
FIRST APPEAL NO. 1765 OF 2016
Shubham Page 5 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
Sambhaji Ganpatrao Kamble
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 4999 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Madhav Gurunath Bhalke And Ors
WITH
FIRST APPEAL NO. 4992 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Madhukar Sopan Gaikwad
WITH
FIRST APPEAL NO. 1772 OF 2016
Rasikabai Srirang Kamble And Others
VERSUS
The State Of Maharashtra And Others
WITH
CIVIL APPLICATION NO. 2498 OF 2022
IN FA/2033/2016
Venkatrao Namdeorao Kasle And Others
VERSUS
The State Of Maharashtra Through Collector, Latur And Others
WITH
FIRST APPEAL NO. 4995 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Govind Gunwant Bhalke And Anr
WITH
FIRST APPEAL NO. 4993 OF 2017
Shubham Page 6 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Megha Pralhadrao Biradar
WITH
FIRST APPEAL NO. 4996 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Nagnath Sambhaji Bhalke And Ors
WITH
FIRST APPEAL NO. 4991 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Pralhad Ganpatrao Biradar And Anr
WITH
FIRST APPEAL NO. 4997 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Jaiprakash Sanganna Mogale
WITH
FIRST APPEAL NO. 4998 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Sambhaji Ganpatrao Kamble
WITH
FIRST APPEAL NO. 1775 OF 2016
Madhav Gurunath Bhalke And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 5081 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Deelip Ramrao Patil And Anr
Shubham Page 7 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
WITH
FIRST APPEAL NO. 5085 OF 2017
Executive Engineer, (medium Project) Division, Latur And Ors
VERSUS
Venkiatrao Namdeorao Kasle And Ors
WITH
FIRST APPEAL NO. 2030 OF 2016
Subhash Narsing Kamble And Another
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 2033 OF 2016
Venkatrao Namdeorao Kasle And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 2034 OF 2016
Chandrakant Raghunath Jadhav Since Deceased Thr Lrs Sulochanabai
Chandrakant Jadhav And Others
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 2036 OF 2016
Sikandar Bapurao Holkar
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 2037 OF 2016
Afsarbi Sayyadlal Sayyed Since Deceased Through Lrs Malanbee Khadarsab
Jamadar And Anr
VERSUS
The State Of Maharashtra And Others
Shubham Page 8 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
WITH
FIRST APPEAL NO. 2038 OF 2016
Jabbar Sayyadlal Sayyad And Khajalal Minor U/g Mother Marembee
Sayyadlal Sayyad
VERSUS
The State Of Maharashtra And Others
WITH
FIRST APPEAL NO. 2035 OF 2016
Bapurao Narayan Holkar Since Deceased Thr His Lrs Awadabai And Another
VERSUS
The State Of Maharashtra And Others
...
Mr. Ashwin S. Sakolkar a/w H. B. Nandagavale h/f Mr. Vijay G. Sakolkar for
the Appellants.
Mr. D. R. Korde, AGP for State.
Mr. B. R. Surwase for the acquiring body.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 5 AUGUST 2026
P. C.:
1. The motions are made for speaking to the minutes of the order dated
10th July 2026.
2. Mr. Sakolkar, learned counsel for the Appellants submits that the First
Appeal Nos.576 and 577 of 2017 were wrongly clubbed along with the First
Appeal No.699 of 2017 and the same be deleted from the title clause of the
said order.
3. The learned counsel for the acquiring body submits that the direction
regarding grant of interest under Sections 28 and 34 of the Act has
inadvertently not reflected in the order uploaded.
Shubham Page 9 of 10
This Order is Speaking to Minutes order of order dated //
SPK-FA-699-2017.doc
4. In view of the above, First Appeal Nos.576 and 577 of 2017 be
deleted from the title clause of the said order and the operative part of the
said order stands corrected as under:-
“O R D E R
i. The Appeals filed by the claimants are partly allowed
ii. The Appeals filed by the acquiring body are also partly allowed.
iii. The claimants are entitled to compensation of Rs.10,48,000/-,
Rs.15,72,960/-, Rs.20,97,280/- per hector for dry lands, seasonal
irrigated lands and irrigated lands respectively.
iv. The claimants are entitled to statutory benefits and interest under
Sections 28 and 34 strictly in accordance with Full Bench
judgment of this Court in State of Maharashtra Vs. Kailash Shiva
Rangari (2016(3) Mh.L.J. 457).
v. Rest of the order passed by the learned Reference Court stands
confirmed.
vi. Award be drawn up accordingly.
vii. Deficit Court fee be paid.”
5. The above corrections be carried out in the said order and corrected
order be uploaded.
6. Motions are disposed of.
[SIDDHESHWAR S. THOMBRE, J.]
Shubham Page 10 of 10
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