Bombay High Court

ANIL LAXMANRAO BHISEversusTHE STATE OF MAH

Disposal: DISMISSED

Holding

The appeal is dismissed, but the claimant is granted liberty to apply to the Collector for rental compensation.

Summary

The appellant's land of 53 and 62 roods was acquired in 1994 for a village tank, with a notification under Section 4 of the Land Acquisition Act. The Special Land Acquisition Officer awarded compensation in 1998, which the appellant found inadequate and appealed under Section 18, leading the reference court to enhance the market value to Rs. 2,750 per rood but refuse rental compensation. The appellant appealed this refusal, arguing that rental compensation should be granted per government policy. The High Court, citing Apex Court precedents that acquisition is beneficial legislation, dismissed the appeal but allowed the appellant to file an application before the Collector for rental compensation. The Collector was directed to decide the application within ten weeks, giving all parties a chance to be heard.

Issues considered

Whether rental compensation is payable under the Land Acquisition Act when the reference court has refused it
Whether the appellate court can direct the claimant to approach the Collector for rental compensation

Legislation cited

Land Acquisition Act, 1894 — s. 18, 4

Subjects

land acquisition
rental compensation
Section 18
reference court
collector
government policy
appeal dismissed

Judgment

2026:BHC-AUG:40597

                                                                            FA 583/2012
                                                 1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                21 FIRST APPEAL NO. 583 OF 2012

                                     ANIL LAXMANRAO BHISE
                                            VERSUS
                                  THE STATE OF MAHARASHTRA
                                               ...
                             Advocate for Appellant : Mr. S.K. Adkine
                            AGP for Respondent/State : Mr. S.S. Dande
                                               ...

                                       CORAM        : SIDDHESHWAR S. THOMBRE, J.
                                       Dated        : August 31, 2026

            PER COURT :-

            1.    As the present acquisition proceedings was initiated in the year 1994,

            heard finally with the consent of the learned counsel for the respective

            parties.

            2.    By this appeal, the appellant/original claimant assails the judgment

            and award dated 17.11.2011 passed by the learned Civil Judge, S.D.,

            Vaijapur in LAR No. 1434/2010, whereby the learned reference court

            refused to grant rental compensation.

            3.    The lands of the claimant admeasuring 53 R. and 62 R. from Gat Nos.

            144 and 145, respectively situated at village Harsooli (Bhendewadi), Tq.

            Gangapur, Dist. Aurangabad were acquired for the purpose of construction

            of village tank Bhanewadi at village Harsul, Tq. Gangapur, Dist. Aurangabad.

            Notification under section 4 of the Land Acquisition Act was published on

            13.10.1994. The learned Special Land Acquisition Officer (SLAO) has passed

            the award on 25.5.1998 and granted inadequate compensation. Under the

            protest, the claimant received the amount and being dissatisfied with the

            award of the SLAO, the claimant filed an application before the Collector for
                                                                      FA 583/2012
                                         2

referring the matter under section 18 of the Act for proper determination of

the market value of the acquired land. The learned reference court after

going through the evidence and examining the record, enhanced the

compensation at the rate of Rs. 2750/- per R. Being dissatisfied with the

same and as the rental compensation was not awarded, the present appeal

is filed by the original claimant.

4.     The learned counsel for the appellant mainly submits that rental

compensation has not been granted by the reference court and therefore,

he prays to grant rental compensation as per the policy of the Government.

5.     The learned AGP supports the impugned judgment and order passed

by the reference court and prays to dismiss the appeal.

6.     Having heard the learned counsel for the respective parties, with their

assistance, I have gone through the copy of impugned judgment and award.

The Hon’ble Apex Court in catena of judgments held that land acquisition

proceeding is the beneficial legislation and in view of the government

policies the reference court has not granted compensation in the present

matter. In view of the above, I deem it appropriate to grant liberty to the

claimant to file application before the Collector for rental compensation.

Hence, the following order.

                                     ORDER

(i)    The appeal is dismissed.

(ii)   Liberty is granted to the claimant to file an application before the

Collector, Aurangabad for rental compensation. If such an application is

filed, the   Collector Aurangabad to decide the same within a period of 10

weeks from today by giving full opportunity to the concerned including the

acquiring    body   and   in   the   event   the   claimant   is   entitled,   rental
                                                                 FA 583/2012
                                         3

compensation be granted as per Government policy of the State.

(iii)   Pending civil application, if any, stands disposed of.



                                             ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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