Bombay High Court
EXE ENGINEER MEDIUM PROJECT DIVISION NO.1 DHULEversusINDRASING SAKATSING (DIED) LRS MAHARU GIRASE AND ANR
- Disposal
- DISMISSED
Holding
The appeal is dismissed; claimants are entitled to the specified compensation rates, statutory benefits, and interest, and the remainder of the award stands.
Summary
The lands of claimants were acquired for the Wadi Shevadi Medium Project under a notification issued on 2 September 1999 pursuant to Section 4 of the Land Acquisition Act, 1894, and an award was passed on 30 October 1999. The claimants later obtained enhanced compensation through a judgment dated 19 December 2008. The acquiring body appealed this award, arguing it was erroneous, while the claimants filed a cross‑objection. The Court noted that a prior decision in First Appeal No.2085/2017 (decided on 12 June 2025) involving the same project had already settled the issues, and therefore disposed of the present appeal on that basis. The appeal was dismissed, the cross‑objection was partly allowed, and the claimants were awarded compensation of Rs.4,00,000 per hectare for irrigated land, Rs.2,00,000 per hectare for dry land, and Rs.1,00,000 per hectare for pot‑kharab land, along with statutory benefits and interest as per State of Maharashtra v. Kailas Shiva Rangari. The remainder of the original award was confirmed, and the impugned judgment was modified accordingly.
Issues considered
- What is the appropriate quantum of compensation for land acquired under the Wadi Shevadi Medium Project?
- Whether the appeal challenging the enhanced compensation award should be decided afresh or in light of the earlier decision in First Appeal No.2085/2017?
- Entitlement of claimants to statutory benefits and interest on the compensation awarded.
Legislation cited
- Land Acquisition Act, 1894 — s. 4
Subjects
- land acquisition
- compensation
- Wadi Shevadi Medium Project
- statutory benefits
- interest
- cross objection
- appeal dismissed
Judgment
2026:BHC-AUG:40743
Dilwale 1 30-FA-933-10.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 FIRST APPEAL NO. 933 OF 2010
Exe Engineer Medium Project Division No.1 Dhule
VERSUS
Indrasing Sakatsing (died) Lrs Maharu Girase And Anr
...
Advocate for Appellant : Mr. Tarde Vivek V.
AGP for Respondent-State: Mr. S. N. Morampalle
Advocate for Respondent No.1 : Mr. A. B. Kale
...
WITH
X-OBJECTION (STAMP) NO. 5020 OF 2012
IN
FIRST APPEAL NO. 933 OF 2010
Indrasing Sakatsing (died) Lrs Maharu Girase
VERSUS
Exe Engineer Medium Project Division No.1 Dhule And Anr
...
Advocate for the Petitioner : Mr. A. B. Kale
AGP for Respondent-State: Mr. S. N. Morampalle
Advocate for Respondent No.1 : Mr. Tarde Vivek V.
….
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 01.09.2026
PER COURT :
1. As the acquisition proceeding was initiated in the year 1999,
appeal is being heard finally with the consent of learned counsel
appearing for the respective parties.
2. By the present appeal, the appellant/acquiring body takes an
exception to the judgment and award dated 19.12.2008 passed by the
Dilwale 2 30-FA-933-10.odt
learned Civil Judge, Senior Division, Dhule in LAR No. 430 of 2004,
whereby enhanced compensation came to be granted to the claimants.
3. The lands of the claimants were acquired for the purpose of Wadi
Shevadi Medium Project. The notification under Section 4 of the Land
Acquisition Act, 1894 (for short, “the Act”) was published on 02.09.1999
and award was passed on 30.10.1999.
4. Both counsel submit that present appeal can be disposed of in view
of order passed by this Court in First Appeal No.2085/2017 with
connected matters decided on 12.06.2025 arising out of same project i.e.
Wadi Shevadi Medium Project.
5. As this Court has already decided the appeal arising out of same
project, I am inclined to adopt the same view. The present appeal is
disposed of in view of First Appeal No.2085/2017 with connected matters
decided on 12.06.2025. Hence, I pass the following order:
ORDER
(I) The first appeal filed by the acquiring body is dismissed.
(II) The cross objection filed by claimants is partly allowed.
(III) The claimants are entitled to compensation @
Rs.4,00,000/- per H for irrigated land, Rs.2,00,000/- per
H for dry land and Rs.1,00,000/- per H for pot kharab
land as per the categorization of land made by the learned
Reference Court.
(IV) The claimants shall be entitled to all statutory benefits
Dilwale 3 30-FA-933-10.odt
along with interest from the date of award as per the law
laid down by the Full Bench of this Court in the case of
State of Maharashtra Vs. Kailas Shiva Rangari, 2016 (3)
Mh.L.J. 457.
(V) Rest of the impugned award stands confirmed.
(VI) The impugned judgment and award is modified
accordingly.
(VII) Deficit Court fee be paid.
(VIII) Pending Civil Applications, if any, are disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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