Bombay High Court

STATE OF MAHAversusNILKANTRAO APPARAO PATIL

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The appeals are partly allowed, granting interest and statutory benefits and directing the claimants to seek rental compensation before the Collector.

Summary

The State of Maharashtra appealed against four land acquisition awards dated in 2003, contending that the reference court had enhanced compensation only up to four times the amount awarded by the Land Acquisition Officer and had omitted interest, statutory benefits, and rental compensation. The State relied on a Government Resolution (No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 03.11.2016 with subsequent corrigenda) which indicated that the reference would not be challenged if the enhancement did not exceed four times. The Court examined the submissions and found that interest, statutory benefits, and rental compensation had indeed not been granted. Accordingly, the Court partly allowed the appeals, directing that claimants receive interest and other statutory benefits from the date of the SLAO award and may apply to the Collector, Osmanabad for rental compensation. The impugned judgments and awards were modified to reflect these directions, and any pending civil applications were disposed of.

Issues considered

Whether the reference court's enhancement of compensation up to four times the Land Acquisition Officer's award is valid under the applicable policy.
Whether claimants are entitled to interest and other statutory benefits on the awarded compensation.
Whether claimants are entitled to rental compensation and the procedure for obtaining it.

Subjects

land acquisition
compensation enhancement
interest
statutory benefits
rental compensation
government policy
appeal

Judgment

2026:BHC-AUG:38545

                                                                           FA 58/2009
                                                 1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  8 FIRST APPEAL NO. 58 OF 2009

                                     STATE OF MAHARASHTRA
                                             VERSUS
                                   NILKANTRAO APPARAO PATIL
                                                ...
                           AGP for State/Appellant : Mr. S.N. Morampalle
                           Advocate for Respondent : Mr. Sanjay Mundhe
                                                ...
                                               WITH
                                  FIRST APPEAL NO. 59 OF 2009
                                               WITH
                                  FIRST APPEAL NO. 60 OF 2009
                                               WITH
                                  FIRST APPEAL NO. 57 OF 2009
                                                …

                                CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                Dated        : August 24, 2026

            PER COURT :-

            1.    Heard the learned AGP for appellant/State and the learned counsel

            for respondent in FA No. 58/2009.

            2.       By these appeals, the appellant/State assail the judgment and

            award dated 30.9.2003 in LAR No. 105/1990, 3.7.2003 in LAR No.

            158/1990, 25.4.2003 in LAR No. 316/1992 and 30.4.2003 in LAR No.

            214/1988.

            3.       Both the learned advocate submit that the compensation enhanced

            by the learned Reference Court does not exceed four times the amount

            awarded by the Land Acquisition Officer. They further submit that as far as

            interest part is concerned, that was not granted and even the rental

            compensation was also not paid. They therefore submits that in view of the

            above, the present appeals needs to be partly allowed and the order passed

            by the reference court need to be modified to that extent.
                                                                    FA 58/2009
                                         2

4.       In view of the aforesaid submissions and having regard to the policy

decision of the State Government contained in Government Resolution

No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4            dated     03.11.2016    with

Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government

Resolution, took a decision not to challenge the reference, if compensation

is enhanced only upto four times.

5.       In view of the above, I find that as far as interest and statutory

benefits are concerned, those were not granted and even the rental

compensation was not paid. In view of the above, I pass the following order

:-

                                     ORDER

(i)      The appeals are partly allowed.

(ii)    The claimants are entitled to interest and other statutory benefits

from the date of award of SLAO.

(iii)   The claimants are at liberty to file application before the Collector,

Osmanabad for rental compensation. In the event, such an application is

filed, the Collector Osmanabad shall give opportunity of hearing to all the

concerned and in the event, the compensation is not paid, pass appropriate

order in view of the policy of the government.

(iv)    The impugned judgments and awards are modified to that extent.

(v)     Pending Civil Applications, if any, are also disposed of.



                                             ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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