Bombay High Court
RAMPRASAD DEVIDAS ANBHUREversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
- Bench
- SHAILESH P BRAHME
Holding
The appeal is partly allowed; the appellant receives the enhanced rate of Rs.2,493.22 per R for dry land but is entitled only to interest under Sections 28 and 34 from the award date, not to interest for the delayed period.
Summary
The appellant, Ramprasad Devidas Ambhure, challenged a 2010 compensation award that fixed the rate for his dry land at Rs.1,100 per R, seeking a higher rate based on a later judgment of this Court (First Appeal No.3202/2025). The land, acquired under notification dated 06‑07‑2000, is undisputedly dry land. The Court examined whether the appellant is entitled to the enhanced rate of Rs.2,493.22 per R awarded in the 2025 precedent and whether interest and statutory benefits for the delay are payable. It held that the appellant is entitled to the enhanced rate but not to interest for the delayed period, limiting interest to that under Sections 28 and 34 of the Land Acquisition Act from the date of award, following State of Maharashtra v. Kailash Shiva Rangari. Consequently, the appeal was partly allowed, the award was modified accordingly, and the appellant was ordered to pay any deficit court fees.
Issues considered
- Whether the appellant is entitled to the enhanced compensation rate of Rs.2,493.22 per R for dry land as per the 2025 precedent.
- Whether interest and statutory benefits for the period of delay are payable to the appellant.
- Whether interest under Sections 28 and 34 of the Land Acquisition Act applies from the date of award.
Legislation cited
- Maharashtra Land Acquisition Act, 1960 — s. 11, 28, 34, 4
Subjects
- land acquisition
- compensation rate
- dry land
- interest
- statutory benefits
- Bombay High Court
- precedent
- Section 28
- Section 34
Judgment
2026:BHC-AUG:12085
1 30-FA.881-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 881 OF 2026
RAMPRASAD DEVIDAS AMBHURE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
ORS.
...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba.
AGP for Respondent/s-State : Mr. S. N. Morampalle.
Advocate for Respondent No.3 : Mr. Tambe Rahul A.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 18.03.2026
FINAL ORDER :-
1. Heard both sides finally at the admission stage with consent of the
parties.
2. Appellant is questioning judgment and award dated 17.03.2010
passed in LAR.No.177 of 2005 fixing the rate of Rs.1100/- per R. for dry
land. Applicant is claiming enhancement in the rate relying on the common
judgment passed by this Court in First Appeal No.3202 of 2025 and
connected appeals. A copy of judgment and award in the decided matter is
placed on record.
3. Learned counsel appearing for respondent/acquiring body repels the
submissions and supports the impugned judgment. It is submitted that a
reasonable and plausible view has been taken by the Reference Court and no
further example is warranted. Appellant’s land from village Shrishti, Taluka
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Partur, District Jalna stood acquired vide notification dated 06.07.2000.
There is no dispute that land under acquisition is dry land.
4. Following are the material particulars in the present first appeal :
First L.A.R. No. Gut No. Total U/sec.4 U/sec.11 SLAO Reference
Appeal Acquire notification Award date rate per Court Hon’ble High Court
No. d Area date R as per enhanced enhancing the rate arising out
Award rate per R of same project same village
and same award in
FA.No.3202/2025
881/2026 177/2005 361 00 H. 11.12.2003 Rs.635/- Rs.1100/- For dry land- Rs.2493.22/- per R.
06.07.2000 For seasonally irrigated land- Rs.3739.33/- per R.
79 R. (for for Dry For irrigated land- Rs.4986.44/- per R.
Jirayat) Land Pot Kharab land- Rs.1246.61/- per R.
5. I have gone through common judgment dated 26.11.2025 in which
lands from village Shrishti stood acquired vide notification dated 06.07.2000
i.e. selfsame notification. I find that present appeal is squarely covered by
the consistent view being taken by this Court in awarding rate of
Rs.2493.22/- per R. for dry land. Appellant is entitled to have the same
treatment. It is rightly pointed out by Mr. Tambe that interest awarded by
the Reference Court is not in consonance with settled legal position, that
needs to be rectified. I, therefore, pass following order :
ORDER
(i) First appeal is allowed partly.
(ii) The appellant shall be entitled to receive rate of Rs.2493.22/-
per R. for dry land.
(iii) The appellant shall not be entitled to interest and statutory
benefits for the delayed period.
(iv) The appellant shall be entitled to interest under Section 28 and
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34 from the date of award as per law laid down in the judgment
of Full Bench in case of State of Maharashtra Vs. Kailash Shiva
Rangari [2016 AIR (Bom.) 141].
(v) Save and except above modification. Impugned judgment and
award passed by Reference Court shall stand unaltered.
(vi) The appellant shall pay deficit court fees, if any.
(vii) Record and proceeding be sent back to the concerned Court, if
any.
(viii) Award be drawn accordingly.
(SHAILESH P. BRAHME, J.)
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vmk/-
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