Bombay High Court
TAJODDIN S/O MAHMOOD AND ORSversusTHE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, NANDED AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court partially allowed the appeals, modifying the compensation to Rs 2,273 per R for non‑irrigated land with statutory benefits and interest.
Summary
The appellants in five first appeals challenged the compensation awarded by the reference courts for land acquired by the State of Maharashtra, contending that the lands were dry (non‑irrigated) and should attract a higher rate. The original awards ranged from Rs 790 to Rs 870 per R, whereas earlier judgments of this Court had fixed Rs 2,273 per R for dry land. The Court examined the earlier orders (First Appeal No. 3206 of 2009 and First Appeal No. 1585 of 2023) and found they were directly applicable to the present proceedings. Consequently, the Court partially allowed the appeals, modifying the awards to Rs 2,273 per R for the non‑irrigated lands and granting all consequential statutory benefits, interest under Section 34 of the Land Acquisition Act, 1894, and ordering the acquiring authority to deposit the enhanced compensation. The rest of the original judgments were left unchanged.
Issues considered
- Whether the earlier orders fixing compensation at Rs 2,273 per R for dry land are applicable to the present first appeals.
- What rate of compensation and statutory benefits should be awarded to the appellants for the acquired non‑irrigated land.
Legislation cited
- Land Acquisition Act, 1894 — s. 34
Subjects
- land acquisition
- compensation
- dry land
- non‑irrigated land
- statutory benefits
- interest
- modification of award
Judgment
2026:BHC-AUG:42824
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909 to 913
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 FIRST APPEAL NO. 881 OF 2023
Tajoddin S/o Mahmood And Ors
VERSUS
The State Of Maharashtra Thr District Collector, Nanded And Ors
AND
910 FIRST APPEAL NO. 892 OF 2023
Sk. Bashir Ismail Sab
VERSUS
The State Of Maharashtra Through District Collector, Nanded And
Others
AND
911 FIRST APPEAL NO. 893 OF 2023
Khayamoddin S/o Dadu Patel
VERSUS
The State Of Maharashtra Thr District Collector, Nanded And Ors
AND
912 FIRST APPEAL NO. 949 OF 2023
Nagnath Rama Shekapure (died) Thr Lrs. Vishwanath Nagnath
Shekepure And Others
VERSUS
The State Of Maharashtra Through District Collector, Nanded And
Others
AND
913 FIRST APPEAL NO. 964 OF 2023
Madhavrao Rama Shekapure
VERSUS
The State Of Maharashtra Through District Collector, Nanded And
Others
…
Mr. S. M. Kakde, Advocate for respective Appellants
Mr. B. V. Virdhe, Mr. S. P. Sonpawale, Mr. K. B. Jadhavar, Mr.
S. N. Kendre and Mr. R. K. Ingole, AGP for respective
Respondent-State Authority
Mr. S. C. Arora, Advocate for Respondent no.3 in respective
matters
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 16TH SEPTEMBER, 2026
2
909 to 913
P.C. :-
. Feeling aggrieved by the following judgment and
awards, the respective claimants are before this Court:
Sr. First Appeal L.A.R. No. Gut No. Total Area Rate awarded by
No. No. Reference Court
1 881 of 2023 498 of 2007 12/k/P 01 H 21 R Rs.869.59/-
2 892 of 2023 84 of 2007 89 01 H 30 R Rs.790.27/-
3 893 of 2023 63 of 2007 8/2/D 0 H 79 R Rs.841.69/-
4 949 of 2023 136 of 2007 85 01 H 42 R Rs.843.38/-
5 964 of 2023 125 of 2007 85/P 01 H 42 R Rs.843.38/-
2. At the request of learned advocates for both the sides,
the First Appeals are being disposed of at admission stage.
3. Mr. S. M. Kakde, learned Advocate for the appellants in
all the matters submits that the acquired lands in all the First
Appeals are dry lands and that there is no dispute as regards
to the findings recorded by the Reference Court. He would cite
an order dated 14.08.2026 passed by this Court in First
Appeal No.3206 of 2009 (Anwaribegum Asifoddin Patel Vs.
The State of Maharashtra and Ors). Referring to the said
order, Mr. Kakade submits that the said matter arises out of
the same land acquisition proceeding which is subject matter
of the present First Appeals. He submits that after hearing the
parties, this Court pleased to determine the rate of
compensation for the acquired land as follows:
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909 to 913
Non Irrigated Land Irrigated Land Semi-Irrigated land
Rs.2723/- Per R Rs.5,446/- Per r Rs.4084/- Per R
4. He submits that the said order was also relied upon by
some other claimants in First Appeal No.1585 of 2023
wherein this Court vide order dated 01.09.2006 passed in
First Appeal No.158 of 2023 disposed of the First Appeal
holding the claimant therein entitled for the compensation @
Rs.2723/- per R for the dry land. Mr. Kakade submits that in
all the present First Appeals, the lands under acquisition are
classified as dry lands. He therefore submits that in view of
the aforesaid orders, the present First Appeals be partly
allowed granting compensation to the appellants @ Rs.2723/-
per R.
5. This Court requested Mr. S. C. Arora, learned Advocate
for the Acquiring Body to go through the contents of the cited
orders and to assist the Court as to whether the cited order
could be referred in the present matters. On facts, Mr. Arora
agrees that the cited orders arise out of the same land
acquisition proceedings and this Court has indeed granted rate
of Rs.2723/- per R for the dry lands. Mr. Arora further submits
that he had otherwise good material to demonstrate before
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909 to 913
the Court that the appeals do not have any merit. However, in
the light of the said orders, he prays to pass appropriate order.
6. In view of the above, I have no hesitation to hold that
the First Appeals are covered by the earlier orders passed by
this Court as referred supra. Hence, I pass following order:
ORDER
I. The First Appeals are partly allowed.
II. The judgment and awards dated
15.11.2018, 02.09.2008, 16.01.2013, 19.06.2010
and 30.03.2009 passed by learned Civil Judge,
Senior Division, Link Court, Mukhed and Civil
Judge, Senior Division, Kandhar respectively in
L.A.R. Nos.498 of 2007, 84 of 2007, 63 of 2007,
136 of 2007 and 125 of 2007 are modified to the
following extent.
III. The appellants-claimants shall be entitled
to compensation at the rate of Rs.2,723/- per R
for their non-irrigated land.
IV. The appellants-claimants shall be entitled
to all consequential statutory benefits on the
enhanced compensation in accordance with the
provisions of the Land Acquisition Act, 1894.
V. The appellants - claimants shall be entitled
to interest under Section 34 of the Act, strictly in
accordance with the Full Bench decision in State
of MaharashtraVs. Kailas Shiva Rangari, 2016(4)
All MR 513.
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909 to 913
VI. The appellants - claimants shall not be
entitled to statutory benefits for the period of
delay, if any, condoned by this Court.
VII. The appellants - claimants shall deposit the
deficit court fees, if any, within a period of four
weeks from today.
VIII. The rest of the Judgment and Award passed
by the learned Reference Court stands confirmed.
IX. The acquiring body shall deposit the
amount of enhanced compensation in this court
within a period of six months from today. Upon
such deposit, the appellants are permitted to
withdraw such amount without making any
separate Civil Application.
X. The modified Award be drawn accordingly.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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