Bombay High Court
SUBHASH ANANDRAO PATILversusTHE SPECIAL LAND ACQ. OFFICER AND ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The principle of parity applies, and the appellants are entitled to enhanced compensation as determined in the earlier appeal.
Summary
The appellants, heirs of the deceased Subhash Anandrao Patil, challenged the compensation awarded for their agricultural land (2.85 hectares) acquired for the Waghur Project. They relied on a prior decision (First Appeal No.706 of 2007) where similar lands were awarded higher compensation, invoking the principle of parity. The respondents argued that the facts differed and parity should not apply. The Court examined the earlier judgment and found that the same acquisition proceedings and identical land were involved, making parity applicable. Consequently, the Court allowed the appeal, enhanced compensation to Rs 4,00,000 per hectare for irrigated land and 80% of the valuation amount for trees, and ordered the acquiring authority to deposit the amount within twelve weeks.
Issues considered
- The applicability of the principle of parity to the present compensation claim
- Whether the compensation awarded in the earlier appeal should govern the present case
Legislation cited
Subjects
- land acquisition
- compensation
- parity principle
- valuation
- irrigated land
- trees
- statutory benefits
Judgment
2026:BHC-AUG:917
916-fa-712-2007
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 712 OF 2007
1. Subhash Anandrao Patil
Died through L.Rs.
1/1. Smita Subhash Patil
Age: 54 years, Occu. Agri.
1/2. Suyog Subhash Patil
Age: 29 years, Occu. Agri,
1/3. Punam Prashant Patil
Age: 25 years, Occu. Agri
All R/o Hingane (B),
Tq. Jamner Dist. Jalgaon.
VERSUS
1. The Special Land Acquisition Officer,
Upper Tapi Project Hatnur-1
Jalgaon.
2. The Executive Engineer
Waghur Project Division
Jalgaon.
_____________________________________________________________
Mr. A. B. Kale, Advocate for Appellants
Mr. D. J. Patil, AGP for Respondent-State
Mr. D. D. Pokharkar, Advocate for Respondent no.2
_____________________________________________________________
WITH
CIVIL APPLICATION NO. 5315 OF 2021 IN FA/712/2007
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
ORAL JUDGMENT :-
1. This appeal is preferred against the impugned judgment and
award passed in Land Acquisition Reference No.58 of 2006 (Old
L.A.R. No.51 of 2002), dated 16.11.2006.
916-fa-712-2007
-2-
2. Claimants’ agricultural land bearing survey no.121,
admeasuring 2H 85 R, situated at village Hingane Budruk, Taluka-
Jamner, District Jalgaon was acquired for the Waghur Project.
3. Learned Advocate Mr. A. B. Kale, for the appellants pointed
out the judgment of this Court delivered in First Appeal No.706 of
2007 along with connected appeals, delivered on 28.02.2024,
wherein the lands were acquired for one and the same purpose by one
and the same award. He further submitted that on the principle of
parity, the appellants’ appeal deserves to be allowed by awarding
Rs.4,00,000/- per hectare as the market value of the irrigated land
and compensation for the trees to the extent of 80% of the amount of
the valuation report be awarded.
4. Learned Advocate Mr. D. D. Pokharkar, for the respondent
no.2/Acquiring Authority strongly opposed the appeal and submitted
that the principle of parity cannot be applied to the case in hand, as
the facts of the present case are different. He lastly prayed to dismiss
the appeal.
5. Upon perusal of the impugned judgment passed in First
Appeal No.706 of 2007, dated 28.02.2024, it is crystal clear that these
appeals are also arising out of one and the same acquisition
proceedings and the lands in the said appeals are identical to the land
in this appeal. Therefore, the principle of parity is applicable.
916-fa-712-2007
-3-
Considering all these aspects, the appeal deserves to be allowed on
the principle of parity. The impugned judgment and award deserves
to be set aside partly. Hence, the following order:
ORDER
a. First Appeal is allowed.
b. Impugned judgment and award is partly set
aside and modified as under:
i. Appellants are entitled to enhanced amount
of compensation @ Rs.4,00,000/- per hectare
to their irrigated land and for the trees,
appellants are entitled to the extent of 80%
of the amount of valuation report alongwith
all the statutory benefits like component,
solatium, interest, etc. as per the Land
Acquisition Act, 1894.
c. Respondent no.2/Acquiring Authority is
directed to deposit the enhanced amount of
compensation in this Court within twelve weeks from
today.
d. On depositing the enhanced amount,
appellants be permitted to withdraw the same.
e. Award be drawn up accordingly.
f. Pending Civil Applications, if any, stand
disposed of.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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