Bombay High Court

EXECUTIVE ENGINEER, (MEDIUM PROJECT) DIVISION, LATUR AND ORSversusSAMBHAJI GANPATRAO KAMBLE

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court ordered the deletion of First Appeal Nos. 576 and 577 from the title clause and directed that interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act be awarded as per the precedent.

Summary

The High Court of Bombay, Aurangabad Bench, entertained motions to correct an earlier order dated 10 July 2026 concerning a series of first appeals (including No. 699/2017) relating to compensation for land acquired by the State of Maharashtra. The appellants argued that First Appeal Nos. 576 and 577 of 2017 had been erroneously clubbed with No. 699 and should be removed from the title clause. The acquiring body pointed out that the order failed to reflect the award of interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act. The Court ordered the deletion of the two wrongly clubbed appeals, affirmed that the appeals of both claimants and the acquiring body were partly allowed, specified compensation rates per hectare for dry, seasonal irrigated and irrigated lands, and directed that statutory interest be granted in accordance with the Full Bench judgment in State of Maharashtra v. Kailash Shiva Rangari. The corrected operative part of the order was set out and the motions were disposed of.

Issues considered

The appropriateness of deleting First Appeal Nos. 576 and 577 of 2017 from the title clause of the order.
Whether interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act should be awarded to the claimants.
Determination of the quantum of compensation per hectare for different categories of land.

Legislation cited

Maharashtra Land Acquisition Act, 1960 — s. 28, 34

Subjects

land acquisition
compensation
interest
section 28
section 34
order correction
appellate procedure
Maharashtra

Judgment

2026:BHC-AUG:29393
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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