Bombay High Court
VISHNU LIMBAJI KANSEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
- Disposal
- DISPOSED OFF
- Bench
- SHAILESH P BRAHME
Holding
The appellants are entitled to a compensation rate of Rs.2400 per Are, without interest for the delayed period, but with interest under Sections 28 and 34 of the Land Acquisition Act as per precedent.
Summary
The appellants, Vishnu L. Kanse and Sumanbai D. Kanse, challenged a 2009 judgment and award concerning land acquired for the Kasura Bruhat Project, seeking a compensation rate of Rs.2400 per Are on the ground of parity. Their land, classified as dry, had previously been awarded Rs.399.50 and Rs.600 per Are. The State of Maharashtra, represented by the acquiring body, opposed any enhancement, arguing no independent case existed. The Court, relying on its consistent precedent of awarding Rs.2400 per Are for dry land and the principle of parity, granted the higher rate but denied interest for the delayed period, while allowing interest under Sections 28 and 34 of the Land Acquisition Act per a Full Bench precedent. The judgment affirmed the original award apart from the revised rate, ordered the appellants to pay court fee deficit, and disposed of the appeals.
Issues considered
- Whether the appellants are entitled to an enhanced compensation rate of Rs.2400 per Are on the ground of parity.
- Whether interest and statutory benefits are payable for the period of delay in payment.
- Whether Sections 28 and 34 of the Land Acquisition Act apply to the compensation awarded.
Legislation cited
- Land Acquisition Act — s. 28, 34
Subjects
- land acquisition
- compensation
- parity
- interest
- statutory benefits
- dry land
- Kasura Bruhat Project
- Land Acquisition Act
Judgment
2026:BHC-AUG:9273
91-FA-685-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 685 OF 2026
Vishnu Limbaji Kanse
VERSUS
The State Of Maharashtra Through The Collector Jalna And Ors.
WITH FIRST APPEAL NO. 684 OF 2026
Sumanbai Dattatraya Kanse And Anr
VERSUS
The State Of Maharashtra Through The Collector Jalna And Ors.
...
Mr. V. D. Bhise, Advocate for Appellant
Mr. N. D. Raje, AGP for Respondents
Mr. R. A. Tambe, Advocate for Respondent No. 3
***
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 the common judgment and award
dated 31.01.2009 passed in LAR No. 115/2000 and 117/2000. They are
claiming rate of Rs.2400 per Are on the ground of parity. They have placed
on record order passed by this Court on 23.02.2026 awarding rate of
Rs.2400 per Are.
3. Mr. Tambe, learned Counsel for acquiring body, opposed the
submissions. It is submitted that no independent case for enhancement has
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91-FA-685-2026.odt
been made out by the Appellants.
4. Appellants’ lands are from village Daithana, which stood
acquired for Kasura Bruhat Project. Following are the material particulars:
Sr. F.A. No. Gut No. U/sec 4 U/sec 11 S.L.A.O. LR. Tye pf land
No. (L.A.R. No.) (Area) Notification Award date awarded Reference Reference
Date Per R rate Court Court awarded
awarded
rate per R
91. 685/2026 35 29.06.1996 03.07.1997 Rs.399.50/- Rs.600/- Dry Land
A (115/2000) OO H 41 R (for Jirayat)
Vishnu L. Kanse
B. 684/2026 34 29.06.1996 03.07.1997 Rs.399.50 Rs.600/- Dry Land
(117/2000) OO H 41 R (for Jirayat)
Sumanbai D.
Kanse & Or
5. Undisputedly, the classification of the land to be dry one has not
been disputed by the parties. This Court has been consistent in awarding
rate of Rs.2400 per Are for dry land relying upon the consistent view being
taken by this Court in various matters. One such order passed in FA No.
445/2025 is placed on record. Appeals are squarely covered by the view
taken by this Court.
6. Considering the location of the land, the project and the rates
on the ground of parity, Appellants are entitled to receive the rate of
Rs.2400 per Are. I, therefore, pass following order:
ORDER
(I) Appellants in both the appeals are entitled to receive rate
of Rs.2400/- per Are for the acquired lands.
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91-FA-685-2026.odt
(II) The Appellants shall not be entitled to receive interest and
statutory benefits for the delayed period.
(III) The Appellants shall be entitled to receive interest
U/Sec.28 and 34 of the Land Acquisition Act in view of the
judgment of the Full Bench of this Court in the matter of
State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR
(Bom.) 141].
(IV) Save and except above, the impugned judgment and award
shall remained unaltered.
(V) The Appellants shall pay the deficit Court fees.
(VI) Award be drawn up accordingly.
(VII) Appeals stand disposed of.
(VIII) Pending civil application(s), if any, stands disposed of.
(SHAILESH P. BRAHME, J.)
Umesh
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