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
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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
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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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