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Bombay High Court

AMOL SHIVAJI RUPNARversusTHE STATE OF MAH AND ANR

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The lands are classified as semi‑irrigated and the claimants are entitled to compensation at Rs 1,35,000 per acre.

Summary

The acquisition proceedings initiated in 1998 involved lands acquired for the Hangarga Minor Irrigation Tank project. The original civil judge awards were challenged in appeals seeking higher compensation. The Court considered a prior coordinate bench decision (First Appeal No.1117/2007) which had enhanced compensation rates to Rs 1,35,000 per acre for seasonally irrigated lands and Rs 90,000 per acre for dry lands. Applying that precedent, the Court held that the lands in the present appeals are semi‑irrigated (seasonally irrigated) and therefore entitled to the higher rate of Rs 1,35,000 per acre along with all statutory benefits under the Land Acquisition Act. The appeals were partly allowed, the earlier judgments were modified accordingly, and the related civil application was disposed.

Issues considered

  • Whether the lands acquired for the Hangarga Minor Irrigation Tank are to be classified as seasonally irrigated (semi‑irrigated) or dry land for compensation purposes
  • Whether the compensation rate fixed in the earlier coordinate bench decision applies to the present appeals
  • Entitlement of the claimants to statutory benefits under the Land Acquisition Act on the enhanced compensation

Legislation cited

Subjects

  • Land acquisition
  • Compensation enhancement
  • Seasonally irrigated land
  • Minor irrigation tank
  • Statutory benefits
  • Land Acquisition Act

Judgment

2026:BHC-AUG:37364-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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