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Bombay High Court

KESARBAI W/O. SHRIPAT PTHARE AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The appeal is partly allowed; the original award is set aside and modified to award the specified compensation rates, rental compensation, and to deny interest for the delayed period.

Summary

The appellants challenged the award of a land acquisition reference concerning 47 acres in Vilad village, Ahmednagar, seeking higher compensation and interest. The High Court noted that identical issues had been decided in earlier appeals (First Appeal No.639 of 2010 and First Appeal No.2196 of 2010) and found no reason to depart from those rulings. Accordingly, the court partly allowed the appeal, setting aside the original award and fixing compensation at Rs.2,420 per acre for cultivated land and Rs.577 per acre for barren land, inclusive of previously paid amounts, along with statutory benefits such as additional component, solatium, and rental compensation for the period 17‑12‑1994 to 30‑03‑2000 at 9% p.a. The court denied any entitlement to interest for the delayed period. The award was to be redrawn, deficit court fees paid, and the record sent back.

Issues considered

  • The appropriate quantum of compensation for acquired land under the Land Acquisition Act, 1894
  • Whether the appellants are entitled to interest for the delayed period
  • The entitlement to rental compensation for the period from 17‑12‑1994 to 30‑03‑2000
  • Whether the present appeal should be decided in conformity with earlier judgments in the same matter

Legislation cited

Subjects

  • land acquisition
  • compensation
  • rental compensation
  • interest
  • solatium
  • appeal
  • High Court

Judgment

2026:BHC-AUG:44576
                                                                                6-FA-638-10.odt
                                                 1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               6 FIRST APPEAL NO. 638 OF 2010

                            Kesarbai W/o. Shripat Pthare And Others
                                           VERSUS
                             The State Of Maharashtra And Another

                                            ……
          Ms. Rekha M. Mohale, Advocate h/f Mr. S.S. Choudhary, Advocate for
          Appellants.
          Mr. S.N. Morampalle, AGP for Respondents No.1 and 2
                                            ……

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for the respective parties.


          2.     The present appeal arises out of the Judgment and Award dated

          31.03.2009 passed by the learned 3rd Joint Civil Judge, Senior Division,

          Ahmednagar, in Land Acquisition Reference No.47 of 2002.


          3.     Both the learned counsel submit that this Court has already decided

          the matter pertaining to village Vilad, Taluka and District Ahmednagar,

          arising out of the same notification and relating to the same project, vide its

          order dated 11.09.2026 passed in First Appeal No.639 of 2010, wherein this

          Court has relied upon the order dated 29.04.2026 passed by the Coordinate

          Bench in First Appeal No.2196 of 2010. It is, therefore, submitted that the

          present appeal may also be disposed of in terms of the said orders.
                                                                     6-FA-638-10.odt
                                        2

4.       Having considered the submissions advanced by the learned counsel

for the respective parties and upon perusal of the order dated 11.09.2026

passed by this Court in First Appeal No.639 of 2010 and the order dated

29.04.2026 passed by the Coordinate Bench in First Appeal No.2196 of

2010, I see no reason to take a different view. The present appeal, therefore,

deserves to be disposed of in terms of the said orders. Hence, the following

order:


                                   ORDER

I.       The First Appeal is partly allowed.


II.      The impugned judgment and award passed by the learned Reference

Court is set aside and modified as under:-


         a)      The appellants are entitled to compensation at the rate
         of Rs.2,420/- per Are for the acquired land, excluding 21 Ares
         of barren land, for which the appellants are entitled to
         compensation at the rate of Rs.577/- per Are, inclusive of the
         amount of compensation already awarded and received by the
         claimants, alongwith all other statutory benefits, i.e., the
         additional component, interest, and solatium, as per the
         provisions of the Land Acquisition Act, 1894.


         b)      The claimants are entitled for rental compensation for
         the period from 17.12.1994 to 30.03.2000 @ 9% p.a.


III.     The appellants are not entitled to interest for the delayed period, if

any, condoned by this Court.
                                                               6-FA-638-10.odt
                                         3


IV.        The award be drawn up accordingly.


V.         Deficit court fees be paid.


VI.        The record and proceedings be sent back.



                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE




S P Rane


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