Bombay High Court
LAXMAN DATTU RUPANARversusTHE STATE OF MAH AND ANR
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The lands are classified as semi‑irrigated and the appellants are entitled to compensation at Rs.1,35,000 per acre with all statutory benefits under the Land Acquisition Act.
Summary
The High Court of Bombay, Aurangabad Bench, considered appeals challenging compensation awards for lands acquired in 1998 for the Hangarga Minor Irrigation Tank project. The appellants argued that the earlier awards undervalued their semi‑irrigated (seasonally irrigated) lands. Relying on a coordinate bench decision in Sudhakar Ramchandra Dadage v. State of Maharashtra, which fixed compensation at Rs.1,35,000 per acre for seasonally irrigated lands and Rs.90,000 per acre for dry lands, the Court held that the lands in question are semi‑irrigated. Consequently, the Court enhanced the compensation to Rs.1,35,000 per acre and granted all consequential statutory benefits under the Land Acquisition Act. The impugned lower‑court judgments were modified accordingly and the related civil application was disposed of.
Issues considered
- Whether the lands acquired for the Hangarga Minor Irrigation Tank project are to be classified as seasonally (semi) irrigated lands for compensation purposes
- Whether the appellants are entitled to the enhanced compensation rates prescribed in the coordinate bench decision
- Whether statutory benefits under the Land Acquisition Act apply to the enhanced compensation
Legislation cited
Subjects
- land acquisition
- compensation enhancement
- seasonally irrigated land
- dry land
- statutory benefits
- High Court
- appeal
Judgment
2026:BHC-AUG:37363-DB
FA 691/16 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 FIRST APPEAL NO. 691 OF 2016
WITH
FIRST APPEAL NO. 693 OF 2016
WITH
CIVIL APPLICATION NO. 4135 OF 2026
IN FA/693/2016
LAXMAN DATTU RUPANAR
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Appellant : Mr. R.P. Adgaonkar
AGP for respondent/State : Mr. A.D. Wange
Spl. counsel for Respondent 2 : Mr. S.G. Sangle
...
52 FIRST APPEAL NO. 12 OF 2011
WITH
FIRST APPEAL NO. 20 OF 2011
RAJENDRA VENKAT KOKARE DIED THROUGH HIS LEGAL REPR. SMT.
MINAKSHI AND ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellant : Mr. R.P. Adgaonkar
AGP for respondents 1 & 3 : Mr. A.D. Wange
Spl. counsel for Respondent 2 : Mr. S.G. Sangle
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 17, 2026
PER COURT :-
1. As the acquisition proceedings were initiated in the year 1998, heard
finally with the consent of learned counsel for respective parties.
2. By the present appeals, the appellants/original claimants assail the
judgments and awards dated 5.4.2007 and 20.3.2007 passed by the
learned Civil Judge, Senior Division, Nilanga in LAR Nos. 567, 574 of 2002
and LAR Nos. 66, 67 of 2002, respectively, for further enhancement.
FA 691/16 & Ors.
2
3. Both the counsel appearing for the respective parties tendered across
the bar the copy of the judgment and order dated 10.2.2026 passed by the
coordinate bench of this Court in First Appeal No.1117/2007 (Sudhakar
Ramchandra Dadage Vs. The State of Maharashtra) along with bunch of
other first appeals, whereby this court enhanced the compensation at the
rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and
Rs.90,000/- per Acre for dry lands. Both the counsel submits that the lands
of the claimants in above first appeals were acquired for the project
Hangarga Minor Irrigation Tank at Hangarga and other villages. Both the
counsel further submits that the lands of the present claimants were also
acquired for Hangarga Minor Irrigation Tank at Hangarga and other villages.
Therefore, in view of the submissions advanced by both the counsel, the
present appeals are also covered by the order passed by the coordinate
bench of this court in First Appeal No.1117/2007 (supra), wherein the
reference court has treated the acquired lands as seasonally irrigated lands
and dry lands and coordinate bench of this court enhanced the
compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated
lands and Rs.90,000/- per Acre for dry lands. Considering the evidence on
record in the present appeals and in view of the order passed by the
coordinate bench of this Court, I hold that the lands involved in the present
appeals are semi irrigated lands and the claimants are entitled to receive
the compensation at the rate of Rs.1,35,000/- per Acre. Hence, I pass the
following order.
ORDER
(I) The appeals are partly allowed.
(II) The appellants/claimants are entitled to receive compensation at the
FA 691/16 & Ors.
3
rate of Rs.1,35,000/- per Acre for their acquired lands.
(III) The appellants/claimant shall be entitled to all consequential
statutory benefits on the enhanced compensation as per the provisions of
the Land Acquisition Act.
(IV) The impugned judgments and awards of the reference court are
modified accordingly.
(V) Civil Application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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