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Bombay High Court

KISAN VITHOBA GAIKWADversusTHE STATE OF MAH AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The claimants are entitled to compensation of Rs 16,000 per acre and statutory benefits and interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act.

Summary

The appellants, claimants in land acquisition proceedings dating back to 1986, appealed the Civil Judge's awards of April 2007 which had refused their claim for enhanced compensation. The High Court, noting a recent decision (First Appeal No.871/2007) on the same project, adopted the same reasoning and partially allowed the appeals. It awarded compensation of Rs 16,000 per acre for the acquired irrigated land and granted statutory benefits and interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act, following the principles laid down in State of Maharashtra v. Kailash Shiva Rangari (2016). The remaining portions of the lower court's awards were confirmed, and the modified awards were to be drawn accordingly.

Issues considered

  • Whether the claimants are entitled to enhanced compensation for the acquired irrigated land.
  • Whether statutory benefits and interest under Sections 28 and 34 of the Maharashtra Land Acquisition Act apply to the claimants.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • statutory benefits
  • interest
  • Maharashtra
  • High Court
  • appeal

Judgment

2026:BHC-AUG:36987
              Dilwale                                 1             12-13-14-15-fa-864-07.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               12 FIRST APPEAL NO. 864 OF 2007

                      Nilkant Ambaji Kale L.rs. Laxman Nilkant Kale And Ors
                                               VERSUS
                                The State Of Maharashtra And Anr
                                                  ...
             Advocate for Appellant : Mr. S. V. Natu
             AGP for Respondent-State: Mr. S. S. Dande
                                                  ...

                               13 FIRST APPEAL NO. 865 OF 2007

                                      Rama Vithoba Gaikwad
                                               VERSUS
                                    The State Of Mah And Ors
                                                  ...
             Advocate for Appellant : Mr. S. V. Natu
             AGP for Respondent-State: Mr. A. M. Phule
                                                  ...

                               14 FIRST APPEAL NO. 866 OF 2007

                                       Santram Ambaji Kale
                                               VERSUS
                                    The State Of Mah And Ors
                                                  ...
             Advocate for Appellant : Mr. S. V. Natu
             AGP for Respondent-State: Mr. D. R. Korde
                                                  ...

                               15 FIRST APPEAL NO. 867 OF 2007

                                      Kisan Vithoba Gaikwad
                                               VERSUS
                                    The State Of Mah And Ors
                                                  ...
             Advocate for Appellant : Mr. S. V. Natu
             AGP for Respondent-State: Mr. A. D. Wange
                                                  ...
                                                  ...
 Dilwale                                       2             12-13-14-15-fa-864-07.odt




                         CORAM         : SIDDHESHWAR S. THOMBRE, J.
                         DATE          : 11.08.2026

PER COURT :
1.         As the acquisition proceeding is of the year 1986, the appeals are

being heard finally with the consent of learned counsel for the respective

parties.

2.         The appellants – claimants are assailing the judgment and awards

dated 24.04.2007 and 25.04.2007 passed by Civil Judge Senior Division,

Omerga in LAR Nos.304, 301, 300 and 306 of 2004, whereby

enhancement to the extent claimed by claimants came to be refused.

3.         Both counsel submits that present appeals can be disposed of in

view of order passed by this Court in First Appeal No.871/2007 decided

on 28.07.2026 arising out of same project.

4.         As this Court has already decided the appeal arising out of same

project, I am inclined to adopt the same view. The present appeals are

disposed of in view of First Appeal No.871/2007 decided on 28.07.2026.

Hence, I pass following order:

                                     ORDER

      i)       The First Appeals are partly allowed.

      ii)      The appellants - claimants are entitled to compensation at the

               rate of Rs.16,000/- (Rupees Sixteen Thousand only) per acre

               for the acquired irrigated land and to that extent impugned
Dilwale                                      3              12-13-14-15-fa-864-07.odt


            awards stand modified.

     iii)   The appellants - claimants shall also be entitled to statutory

            benefits and interest under Sections 28 and 34 in accordance

            with the principles laid down in the State of Maharashtra Vs.

            Kailash Shiva Rangari reported in 2016 (3) Mh.L.J. 457.

     iv)    Rest of the awards of learned Referenced Court stand

            confirmed.

     v)     Modified Awards be drawn accordingly.

     vi)    Deficit Court fee be paid.

     vii)   Pending Civil Applications, if any, stand disposed of.




                                          [ SIDDHESHWAR S. THOMBRE ]
                                                    JUDGE


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