Bombay High Court

ASHOK VITHOBA KAMBLEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The court held that the appellants are entitled to compensation at Rs 20 per square foot, consistent with the parity principle, but are not entitled to interest or statutory benefits except as provided under Sections 28 and 34 of the Land Acquisition Act.

Summary

The appellants, heirs of persons whose lands were acquired for earthquake‑rehabilitation in Salegaon, challenged the reference court’s award of Rs 4 per square foot compensation, arguing that they should receive Rs 20 per square foot on the ground of parity with other acquisitions for the same purpose. The respondents contended that the lands were not comparable and that no parity applied. The court examined earlier reference‑court judgments (LAR 994/2009 and LAR 329/2016) where similar lands were awarded Rs 20 per square foot and the acquiring authority had acquiesced. Finding the principle of parity applicable and seeking consistency, the court partly allowed the appeals, fixing the compensation rate at Rs 20 per square foot. It denied interest or statutory benefits for the delay, except for interest under Sections 28 and 34 of the Land Acquisition Act as per the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari. The order also directed the record to be sent back for the revised award and the appellants to pay the deficit court fees.

Issues considered

Whether the appellants are entitled to an enhanced compensation rate of Rs 20 per sq ft on the ground of parity with other land acquisitions for the same purpose.
Whether interest or statutory benefits are payable for the period of delay in payment of compensation.

Legislation cited

Land Acquisition Act, 1894 — s. 28, 34

Subjects

land acquisition
compensation
parity principle
interest
statutory benefits
earthquake rehabilitation
reference court
award modification

Judgment

2026:BHC-AUG:9268
90-FA609-2026+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL NO. 609 OF 2026

Vinayak Ram Gugalgawe Died Through Lrs Smt. Laxmi W/o. Vinayak
Gugalae And Anr.
VERSUS
The State Of Maharashtra And Others

WITH FIRST APPEAL NO. 605 OF 2026

Ashok Vithoba Kamble
VERSUS
The State Of Maharashtra And Others

WITH FIRST APPEAL NO. 607 OF 2026

Waman Madhaveo Dasmane, L.rs. Madubai And Others
VERSUS
The State Of Maharashtra And Others

WITH FIRST APPEAL NO. 608 OF 2026

Vithoba Sadu Kamble, L.rs. Dattu Nilkanth Died Through Lrs Shobhabai And
Others.
VERSUS
The State Of Maharashtra And Others

WITH FIRST APPEAL NO. 604 OF 2026
Narsing Mahadeo Deore
VERSUS
The State Of Maharashtra And Others

WITH FIRST APPEAL NO. 606 OF 2026

Madhavi Babu Kamble
VERSUS
The State Of Maharashtra And Others
...
Mr. V. V. Ingale, Advocate for Appellants
Mr. S. N. Morampalle, AGP for Respondents

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90-FA609-2026+.odt

CORAM : SHAILESH P. BRAHME, J
DATE : MARCH 04, 2026

PC :

1. Heard learned Counsels for both sides. Appeals are taken up for

final disposal with consent of parties.

2. Appellants are challenging common judgment and award dated

28.08.2008 passed by Reference Court granting compensation at the rate of

Rs.4 per sq.ft.

3. Mr. Ingale, learned Counsel for the Appellants, has placed on

record a compilation of judgment rendered in LAR No. 994/2009, LAR No.

329/2016, letters of acquiescing, compensation awarded by Reference Court

in collateral proceedings and order dated 16.12.2025 passed in First Appeal

No. 2539/2021. It is submitted by learned Counsel for Appellants that they

are also entitled to receive rate of Rs.20 per sq.ft on the ground of parity.

4. The submissions are contested by Respondents. Learned AGP

submits that there is no similarity of the lands and ground of parity is not

attracted. It is further submitted that Appellants have failed to make out any

case for enhancement and their appeals are liable to be dismissed.

5. The lands are being acquired for rehabilitation of earthquake

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90-FA609-2026+.odt

affected persons at Salegaon, Tq. Umarga, Dist. Osmanabad. The lands are

from village Kaldeo Limbala. They stood acquired by notification dated

24.02.1994. The rate offered by SLAO was Rs.20,000/- per hector, which is

enhanced by the Reference Court to the tune of Rs.4 per sq. ft.

6. The material particulars of the Appeals are as follows:

Sr. F.A. No. Name Lar No. & Gat No Notification Award U/s Compensation Compensation
No Date of area adm. U/s 4 11 granted by granted by
Judgment SLAO Reference
Court
01 FA Vinayak LAR 388 24.02.1994 04.07.1996 Rs.20,000 per Rs.4/- per Sq
609/202 Guglgawe 430/2005 01H80R Hector Feet
6 (Died) Dt.
Through Lrs 28.08.2008
02 FA Ashok LAR 387 24.02.1994 04.07.1996 Rs.20,000 per Rs.4/- per Sq
605/202 Kamble 462/2005 01H33R Hector Feet
6 Dt.
28.08.2008
03 FA Mahadevi LAR 387 24.02.1994 04.07.1996 Rs.20,000 per Rs.4/- per Sq
606/202 Kamble 325/2005 01H08R Hector Feet
6 Dt.
28.08.2008
04 FA Waman LAR 397 24.02.1994 04.07.1996 Rs.20,000 per Rs.4/- per Sq
607/202 Dasmane 431/2005 01H45R Hector Feet
6 (Died) Dt.
Through Lrs 28.08.2008
05 FA Vithoba LAR 386 24.02.1994 04.07.1996 Rs.20,000 per Rs.4/- per Sq
608/202 Kamble 443/2005 00H48R Hector Feet
6 (Died) Dt. &
Through Lrs 28.08.2008 384
01H62R
06 FA Narsing LAR 389 24.02.1994 04.07.1996 Rs.20,000 per Rs.4/- per Sq
604/202 Deore 429/2005 01H62R Hector Feet
6 Dt.
28.08.2008

7. My attention is adverted by Learned Counsel to the judgments

rendered by Reference Court in LAR No. 994/2009 as well as judgment

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dated 01.01.2021 in LAR No. 329/2016. The lands in both matters were

acquired for same purpose and Reference Court fixed the rate to the tune of

Rs.20 per sq.ft. Interestingly, in both matters Respondent Acquiring Body

acquiesced with the compensation awarded by the Reference Court, which is

evident from the letter dated 09.01.2019 and 09.08.2021.

8. This Court had occasion to adopt the rate fixed by the

Reference Court in LAR No. 994/2019 in First Appeal No. 2539/2021. I find

that Appeals are squarely covered by the view taken by this Court and the

rate fixed by the Reference Court in collateral proceedings.

9. This Court has to be consistent in fixing the rate and if the

submissions of learned AGP are accepted, that would amount to

discrimination. It is desirable to allow the First Appeals. Hence, I pass the

following order:

ORDER

(a) First Appeals are partly allowed.

(b) Appellants shall be entitled to get receive rate at Rs.20/- per
sq.ft.

(d) Appellants shall be entitled to receive interest under
Sections 28 and 34 of the Land Acquisition Act as per the
judgment of Full Bench in case of State of Maharashtra vs.
Kailash Shiva Rangari [2016 AIR (Bom.) 141]

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(e) Save and except above, impugned judgment and award
shall remain unaltered.

(f) Record and proceeding be sent back to the concerned Court
and award be drawn accordingly.

(g) The Appellants shall pay the deficit court fees.

(SHAILESH P. BRAHME, J.)
Umesh

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