Bombay High Court
KAMALBAI ANNASAHEB GUTTE AND ORSversusTHE STATE OF MAH AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the appeals are identical to the earlier case and therefore the compensation rate of Rs.2181 per R for dry land, together with statutory benefits and interest under the Land Acquisition Act, applies.
Summary
The appellants, original claimants in a land acquisition proceeding initiated in 2004 for the Yeldariwadi Storage Tank project, challenged the District Judge's award dated 18 October 2011. They argued that the market value of their land should be determined in line with a prior decision of the coordinate bench in FA No. 1132/2012, which fixed rates for irrigated and non‑irrigated land. The Court examined the submissions and accepted that the controversy was identical to the earlier case. Consequently, it ordered that the appeals be partly allowed and that compensation be paid at Rs.2181 per R for dry (non‑irrigated) land. The claimants were also entitled to all statutory benefits and interest under Sections 28 and 34 of the Land Acquisition Act, as clarified in State of Maharashtra v. Kailas Shiva Rangari. The judgment modified the original award, directed payment of any deficit court fees, and disposed of pending civil applications.
Issues considered
- Whether the present appeals are covered by the earlier decision in FA No. 1132/2012 concerning market value of land.
- What compensation rate is applicable to the claimants for non‑irrigated (dry) land.
- Whether the claimants are entitled to statutory benefits and interest under the Land Acquisition Act.
Legislation cited
- Land Acquisition Act — s. 28, 34
Subjects
- land acquisition
- compensation
- market value
- statutory benefits
- interest
- court fees
- precedent
Judgment
2026:BHC-AUG:39486
FA 882/12 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
16 FIRST APPEAL NO. 882 OF 2012
KAMALBAI ANNASAHEB GUTTE AND ORS
VERSUS
THE STATE OF MAH AND ORS
...
Advocate for Appellant : Mr. Kale Ajeet B.
AGP for Respondent/State : Mr. S.N. Morampalle
Advocate for Respondent 3 : Mr. Mukul S. Kulkarni
…
WITH
CIVIL APPLICATION NO. 15596 OF 2015 IN FA/888/2012
WITH
CIVIL APPLICATION NO. 1177 OF 2016 IN FA/882/2012
WITH
CIVIL APPLICATION NO. 1180 OF 2016 IN FA/884/2012
WITH
CIVIL APPLICATION NO. 1168 OF 2016 IN FA/881/2012
WITH
CIVIL APPLICATION NO. 1172 OF 2016 IN FA/883/2012
WITH
CIVIL APPLICATION NO. 1173 OF 2016 IN FA/883/2012
WITH
CIVIL APPLICATION NO. 1170 OF 2016 IN FA/881/2012
WITH
FIRST APPEAL NO. 881 OF 2012
WITH
FIRST APPEAL NO. 887 OF 2012
WITH
FIRST APPEAL NO. 888 OF 2012
WITH
CIVIL APPLICATION NO. 15595 OF 2015 IN FA/888/2012
WITH
CIVIL APPLICATION NO. 1175 OF 2016 IN FA/882/2012
WITH
FIRST APPEAL NO. 883 OF 2012
WITH
CIVIL APPLICATION NO. 6000 OF 2015 IN FA/887/2012
WITH
CIVIL APPLICATION NO. 5999 OF 2015 IN FA/887/2012
WITH
CIVIL APPLICATION NO. 1181 OF 2016 IN FA/884/2012
FA 882/12 & Ors.
2
WITH
FIRST APPEAL NO. 884 OF 2012
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 24, 2026
PER COURT :-
1. As the acquisition proceedings were initiated in the year 2004, heard
finally with the consent of learned counsel for respective parties.
2. By these appeals, the appellants/original claimants assail the
judgment and award dated 18.10.2011 passed by the learned District
Judge-1, Ahmedpur in LAR Nos. 318, 320, 317, 319, 316 and 315 of 2011,
respectively.
3. Both the counsel tendered across bar the copy of order dated
23.4.2026 passed by the coordinate bench of this Court in FA No.
1132/2012 (Bhagwanrao Dharbaji Gutte and others Vs. The State of
Maharashtra and Ors.) and other connected matter. They submit that the
present appeals as well as FA No. 1131/2012 (supra) arise from the same
project i.e. Yeldariwadi Storage Tank, Taluka Ahmedpur, District Latur. In FA
No. 1131/2012 (supra) the coordinate bench of this Court has determined
the market value of irrigated land at the rate of Rs.4362/- per R. and non
irrigated land at the rate of Rs.2181/- per R. They submit that the said
order covers the present matters and and consequently, the present appeals
deserve to be disposed of in terms thereof.
4. Having considered the submissions advanced by the learned counsel
for the respective parties, and in view of the admitted position that the
controversy involved in the present appeals is identical to the one decided
by the Coordinate Bench in FA No. 1132/12 (supra), I see no reason to take
FA 882/12 & Ors.
3
a different view. The present appeal, therefore, deserves to be disposed of
in terms of the said judgment and order. Hence, the following order :-
ORDER
(i) First appeals filed by the original claimants are partly allowed.
(ii) The claimants are entitled to receive compensation at the rate of
Rs.2181/- per R. for Jirayat/dry.
(iii) The claimants are further entitled to all consequential statutory
benefits on enhanced compensation in accordance with the provisions of the
Land Acquisition Act.
(iv) The claimants are further entitled to interest under section 28 and 34
of the Act, strictly in accordance with the law laid down by the the Full
Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva
Rangari, 2016 (4) Mh.L.J. 457.
(v) The impugned judgment and award of the reference court is modified
accordingly.
(vi) Claimants to pay the deficit court fees, if any, on enhanced amount.
(vii) Pending civil applications, if any, also stand disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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