Bombay High Court

BALAJI VAIJANATHRAO DAMKONDWARversusTHE STATE OF MAH and ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The appeal is partly allowed; the compensation is fixed at Rs 1.50 per sq ft with statutory benefits and interest, without any deduction for development cost, and the remainder of the original award is confirmed.

Summary

The appellants, landowners whose property was acquired in 1977, challenged the compensation award dated 10 February 2006 given by the Civil Judge, Senior Division, Ahmedpur, arguing that it was insufficient and that a deduction for development cost was unlawful. The High Court examined whether the award should be enhanced to the amount claimed and whether any deduction under the head of development cost could be made under the Land Acquisition Act. Relying on its earlier decision in First Appeal No. 541 of 2006, which dealt with the same acquisition proceeding, the Court found that the claimants were entitled to compensation at Rs 1.50 per square foot with statutory benefits and interest, but without any development‑cost deduction. Consequently, the Court partially allowed the appeals, modified the award to reflect the higher rate and removed the development‑cost deduction, while confirming the remainder of the original award. The matter was remitted to the reference court for execution of the modified award.

Issues considered

Whether the compensation awarded by the reference court should be enhanced to the amount claimed by the appellants.
Whether a deduction for development cost is permissible under the Land Acquisition Act in this acquisition.
Whether the precedent set in First Appeal No. 541 of 2006 applies to the present appeals.

Legislation cited

Land Acquisition Act

Subjects

Land acquisition
Compensation
Development cost deduction
High Court judgment
Precedent
Award modification

Judgment

2026:BHC-AUG:38280
                                                1 of 3                  904-FA.711.2006



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 904 FIRST APPEAL NO.711 OF 2006

                               BALAJI VAIJANATHRAO DAMKONDWAR
                                              VERSUS
                              THE STATE OF MAHARASHTRA AND ORS
                                                 ...
               Mr. S. S. Halkude, Advocate for Appellant.
               Mr. D. R. Korde, AGP for Respondent-State.
               Mr. R. D. Reddy, Advocate for Respondent No.4.
                                                 ...
                                                WITH
                                   FIRST APPEAL NO.712 OF 2006

                      G. MADHUSUDAN REDDY GANGA REDDY L.RS. GEDDAM
                         DHARMENDRA L.RS GADDAM NARENDRA AND ORS
                                              VERSUS
                              THE STATE OF MAHARASHTRA AND ORS
                                                 …
               Mr. S. S. Halkude, Advocate for Appellants.
               Mr. D. R. Korde, AGP for Respondent-State.
               Mr. R. D. Reddy, Advocate for Respondent No.4.
                                                 ...
                                         CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                         DATE    :       19th AUGUST, 2026

               P.C.:-

               1.        Since the acquisition proceedings pertain to the year 1977,

               the appeals are heard finally with the consent of the learned Advocates

               for the respective parties.

               2.        By the present appeals, the Appellants/Claimants are

               challenging the judgment and award dated 10.02.2006 passed by the

               learned Civil Judge Senior Division, Ahmedpur in LAR Nos.08/2001

               (Old No.245/1980) and 06/2001 (Old No.244/1980), whereby the
                                   2 of 3                   904-FA.711.2006



learned Reference Court refused to enhance the compensation to the

extent claimed by the Appellants/Claimants.

3.          Learned Advocate for the Appellants/Claimants submits that

this Court has taken a view in First Appeal No.541 of 2006 decided on

17.03.2022 arising out of same acquisition proceeding.

4.          Upon perusal of order passed by this Court in First Appeal

No.541 of 2006, I am inclined to adopt the same view in the present

appeals.     Therefore, present appeals are disposed of accordingly.

Hence, I proceed to pass the following order:-

                                 ORDER


     (i)    The first appeals stand partly allowed.

     (ii)   The impugned judgment and award passed in L.A.R.
            Nos.08 and 06 of 2001 by the Civil Judge, Senior
            Division, Ahmedpur/reference Court dated 10.02.2006
            is modified to the extent of deduction.

     (iii) The rest of judgment and award passed by the
            reference Court is hereby confirmed.

     (iv)   The    appellants/claimants     are     entitled     to    get
            compensation in respect of their acquired land at the
            rate of Rs.1.50 paise per sq. ft. along with statutory
            benefits   and   interest   available   under      the    Land
            Acquisition   Act.   However,     without    making        any
            deduction under the head of development cost.

     (v)    Award be modified accordingly.
                                        3 of 3               904-FA.711.2006



          (vi)   No order as to the costs.

          (vii) R & P be sent back to the reference Court.


                                          (SIDDHESHWAR S. THOMBRE, J.)

Tauseef

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