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
- Maharashtra Land Acquisition Act, 1960 — s. 28, 34
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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