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Bombay High Court

THE STATE OF MAHARASHTRA AND ORSversusMANOHAR LIMBAJI TAKALE AND ANR

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Reference Court correctly classified the land as irrigated and the claimants are entitled to interest under Section 34 as per the Full Bench precedent.

Summary

The State of Maharashtra appealed against the judgment of the Reference Court which had re‑classified land acquired for Percolation Tank No. 4 as irrigated and enhanced compensation from Rs 710 per R to Rs 4,000 per R, also awarding interest under Section 34 of the Land Acquisition Act. The State argued that the land was merely dry‑crop land and that interest should not be payable from the date of possession. The Court examined the evidence, including a 7/12 extract showing a well on the land and oral testimony of cultivation of sugarcane and wheat, and held that the presence of a well indicated irrigation, justifying the higher compensation. It also clarified that interest under Section 34 is payable from the date of the award by the Special Land Acquisition Officer, following the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangari. Consequently, the appeals were partly allowed: the interest entitlement was confirmed, while the rest of the compensation award was left unchanged.

Issues considered

  • Whether the acquired land should be classified as irrigated land for the purpose of compensation under the Land Acquisition Act, 1894.
  • Whether interest under Section 34 of the Land Acquisition Act, 1894 is payable from the date of taking possession or from the date of the award by the Special Land Acquisition Officer.

Legislation cited

Subjects

  • land acquisition
  • irrigated land
  • compensation
  • percolation tank
  • interest under Section 34
  • reference under Section 18
  • appellate decision

Judgment

2026:BHC-AUG:27369
                                               1 of 4                    911-FA.676.2017



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               911 FIRST APPEAL NO. 676 OF 2017

                              THE STATE OF MAHARASHTRA AND ORS
                                               VERSUS
                                MANOHAR LIMBAJI TAKALE AND ANR
                                                   ...
               Mr. D. R. Korde, AGP for the Appellants-State.
               Mr. Vitthal D. Bhise, Advocate for Respondent Nos.1 and 2.
                                                   ...
                                                 AND
                               CIVIL APPLICATION NO. 14553 OF 2016
                                           IN FA/676/2017

                             THE STATE OF MAHARASHTRA AND ORS
                                               VERSUS
                               MANOHAR LIMBAJI TAKALE AND ANR
                                                 …
               Mr. D. R. Korde, AGP for the Appellants-State.
               Mr. D. M. Pingle, Advocate for Respondent Nos.1 and 2.
                                                 …
                                                AND
                                  FIRST APPEAL NO. 675 OF 2017

                              THE STATE OF MAHARASHTRA AND ANR
                                               VERSUS
                                      SANJAY RAMKISAN TAKALE
                                                   …
               Mr. D. R. Korde, AGP for the Appellants-State.
               Mr. Vitthal D. Bhise, Advocate for Respondent.
                                                   …
                                        CORAM : SIDDHESHWAR S. THOMBRE, J.
                                       DATE     :       2nd JULY, 2026

               P.C.:-

               FIRST APPEAL Nos.676 OF 2017 and 675 OF 2017:-

               1.       Heard Mr. D. R. Korde, learned AGP for the Appellants/State.

               By consent of the learned AGP, the matters are taken up for final
                                  2 of 4               911-FA.676.2017



hearing at the admission stage.

2.        By the present appeals, the Appellants/State are aggrieved by

the common judgment and award dated 17.03.2016 and 29.01.2016

passed by the learned 4 th Joint Civil Judge, Senior Division, Jalna, in

L.A.R. Nos.337 of 2013 and 788 of 2011, whereby the compensation

awarded by the Special Land Acquisition Officer has been enhanced.


3.        Learned AGP submits that the acquired land was acquired for

Percolation Tank No.4. He submits that, having regard to the nature

and quality of the land and the material available on record before the

Special Land Acquisition Officer (SLAO), the acquired land was rightly

treated as dry crop land and compensation at the rate of Rs.710/- per R

was awarded.


4.        Being dissatisfied with the said award, the Claimants sought

a reference under Section 18 of the Land Acquisition Act, 1894,

contending that the compensation awarded by the SLAO was

inadequate. Learned AGP submits that the Claimants failed to establish

that the acquired land was irrigated land. However, solely on the basis

of the Claimants' contention, the learned Reference Court treated the

acquired land as irrigated land and enhanced the compensation to

Rs.4,000/- per R. It is, therefore, contended that, in the absence of

cogent evidence, the finding recorded by the learned Reference Court

that the acquired land was irrigated land deserves to be set aside. It is
                                3 of 4                  911-FA.676.2017



further submitted that the learned Reference Court has awarded

interest under Section 34 of the Land Acquisition Act from the date of

taking possession, which is contrary to the law laid down by the Full

Bench of this Court in the case of State of Maharashtra Vs. Kailash

Shiva Rangari, reported in 2016(3) Mh.L.J. 457.


5.       Despite    service,   none      appears   on   behalf     of     the

Respondents/Claimants.


6.       I have heard the learned AGP for the Appellants and perused

the record as well as the judgment and award passed by the learned

Reference Court. There is no dispute that the acquired land was

acquired for Percolation Tank No.4. The SLAO treated the acquired

land as dry crop land and awarded compensation at the rate of

Rs.710/- per R. However, before the learned Reference Court, the

Claimants produced the 7/12 extract, which clearly shows the

existence of a well in the acquired Gat number. The Claimants also

adduced oral evidence that they were cultivating crops such as

sugarcane and wheat. Even assuming that the crop pattern is not taken

into consideration, the existence of a well in the acquired land itself

indicates that the land was irrigated. Therefore, the learned Reference

Court rightly held that the acquired land was irrigated land and

accordingly enhanced the compensation.
                                              4 of 4                 911-FA.676.2017



          7.          In view of the above, I do not find any reason to interfere

          with the judgment and award passed by the learned Reference Court,

          except to clarify the entitlement of the Claimants to interest under

          Section 34 of the Land Acquisition Act, 1894, in accordance with law.

          Hence, I pass the following order:-


                                            ORDER


               (i)    The first appeals are partly allowed.

               (ii)   The Claimants are entitled to receive interest under

                      Section 34 of the Act, be calculated from the date of

                      award passed by the SLAO as enunciated by Full Bench

                      of this Court in the case of      Kailash Shiva Rangari

                      (supra).

               (iii) Rest of the judgment and award dated 17.03.2016 and

                      29.01.2016 passed by the learned 4th Joint Civil Judge,

                      Senior Division, Jalna, in L.A.R. Nos.337 of 2013 and

                      788 of 2011 remain unaltered.

               (iv)   Pending civil applications, if any, are also disposed of.


                                                (SIDDHESHWAR S. THOMBRE, J.)

Tauseef


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