Bombay High Court
RAMRAO SOPANRAO KADAM and ORS.versusTHE STATE OF MAHARASHTRA and ORS.
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the claimants are entitled to compensation at the rate of Rs.7.8 per square metre for their house property, with statutory benefits but without interest.
Summary
The appellants' house property in Shendra village was acquired by the State in 1980 for an Agricultural University, and a compensation of Rs.8,650 was awarded in 1986. Claimants filed a reference under Section 18 of the Land Acquisition Act, 1894, alleging the compensation was inadequate, but the reference court dismissed the claim. On appeal, counsel relied on a prior decision of this Court (First Appeal No. 782/2004, Dinaji Gangadhar Dhage & Ors. v. State of Maharashtra) which had fixed a valuation rate of Rs.7.8 per square metre for similar properties in the same village and project. The Court held that the same rate should apply, thereby enhancing the compensation, but declined to award interest for the delay. It further ordered that the claimants receive all statutory benefits under the Land Acquisition Act as clarified in State of Maharashtra v. Kailas Shiva Rangari (2016). The Court modified the award accordingly, left the remainder of the original award unchanged, and ordered the claimants to pay any deficit court fee. The appeal was therefore partly allowed.
Issues considered
- Whether the compensation awarded under the Land Acquisition Act, 1894 was inadequate.
- Whether the valuation rate of Rs.7.8 per square metre set in a prior case applies to the present claimants.
- Whether claimants are entitled to interest and other statutory benefits for the delayed period.
Legislation cited
- Land Acquisition Act, 1894 — s. 18, 4
Subjects
- Land Acquisition
- Compensation
- Valuation Rate
- Statutory Benefits
- Interest
- Reference under Section 18
- Precedent
Judgment
2026:BHC-AUG:46540
FA 872/07
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 FIRST APPEAL NO. 872 OF 2007
RAMRAO SOPANRAO KADAM AND ORS.
VERSUS
THE STATE OF MAHARASHTRA AND ORS.
...
Advocate for Appellant : Mr. S.K. Adkine
AGP for Respondent/State : Mr. S.S. Dande
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : September 30, 2026
PER COURT :-
1. As the acquisition proceeding is of the year 1980, heard finally with
the consent of learned counsel for the respective parties.
2. By this appeal, the appellants/original claimants assail the judgment
and award dated 19.10.2001 passed by the 3 rd Additional District Judge,
Parbhani in LAR No. 419/1992 whereby the learned reference court
dismissed the reference filed by the original claimants.
3. The house property of the claimants bearing Gram Panchayat No. 116
and 116/1 situated at village Shendra were acquired by the State for
Agricultural University. Notification under section 4 of the Land Acquisition
Act came to be published on 27.2.1980. Special Land Acquisition Officer
(SLAO) published award on 31.3.1986 and has granted compensation of
Rs.8650/-. The claimants received the amount under protest and filed
reference under section 18 of the Act as SLAO has granted very meager and
inadequate compensation. The learned reference court after considering the
evidence on record, dismissed the reference and hence, the present appeal
is filed.
FA 872/07
2
4. Mr. S.K. Adkine, learned counsel for original claimants relied upon the
order dated 23.11.2015 passed by the coordinate bench of this Court in
First Appeal No. 782/2004 (Dinaji Gangadhar Dhage & Ors. Vs. State of
Maharashtra) and contended that this Court has already considered the
matter from the same village, from the same notification and from the same
project whereby the house properties were acquired for Marathwada Krushi
Vidyapith and this Court has granted rate of Rs.7.8 per Sq. Mtr. for acquired
house property. The learned AGP has conceded the said position.
5. In view of the above, there is no reason to take a different view as
the coordinate bench of this Court in above appeal which arises from the
same village, from the same notification and from the same project has
granted rate of Rs.7.8 per sq. Mtr. Hence, I pass the following order.
ORDER
(I) The appeal is partly allowed.
(II) The appellants/claimants are entitled to receive compensation at the
rate of Rs.7.8 per sq. mtr. for their house property.
(III) The appellants/claimants are not entitled to receive interest and other
statutory benefits for the delayed period, if any, caused in filing the present
appeal.
(IV) The appellants/claimants shall be entitled to all consequential
statutory benefits under the provisions of the Land Acquisition Act, 1894 on
the enhanced compensation in view of the judgment of Full Bench of this
Court in the case of State of Maharashtra vs. Kailas Shiva Rangari, 2016
(4) Mh.L.J. 457.
(V) The appellants/claimants shall pay the deficit court fee, if any, on the
enhanced amount.
FA 872/07
3
(VI) The impugned judgment and award of the reference court is modified
accordingly.
(VII) Rest of the award shall remain unaltered.
(VIII) Pending civil application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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