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Bombay High Court

GOVINDRAJ MADHAVRAO CHITRAL AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

Compensation for the acquired land is set at Rs 2,250 per R with applicable statutory benefits, dismissing the acquiring body’s appeal and partly allowing both claimants’ appeals to ensure parity.

Summary

The High Court examined two related appeals concerning land acquired in 1993 for the Bruhat Minor Irrigation Tank project in Jalna district. The acquiring body challenged a 2010 award, while the original claimant contested a 2006 award and later filed a cross‑objection seeking enhanced compensation. The court considered the relevance of five sale instances, noting that only the sale from Sukhapuri (1992) was comparable and pre‑dated the Section 4 notification. Applying a 10% escalation to the market rate derived from that sale, the court fixed compensation at Rs 2,250 per R for the claimants, granting statutory benefits and interest on the enhanced amount but denying interest for the delayed period. The appeal by the acquiring body (FA 1077/2015) was dismissed, the cross‑objection was partly allowed, and the original claimant’s appeal (FA 518/2008) was also partly allowed to ensure parity.

Issues considered

  • The appropriate method for valuing acquired land under the Land Acquisition Act
  • Whether sale instances predating the Section 4 notification can be used as comparables
  • The necessity of applying escalation to the market rate derived from a 1992 sale
  • Whether the compensation awarded for trees should be revisited
  • Whether parity requires the same compensation rate in both related appeals

Legislation cited

Subjects

  • land acquisition
  • compensation valuation
  • escalation factor
  • parity of awards
  • tree compensation
  • civil appeal
  • cross objection

Judgment

2026:BHC-AUG:43629

                                                                         FA 518/08 & Ors.
                                                   1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 16 FIRST APPEAL NO. 518 OF 2008
                                              WITH
                        CIVIL APPLICATION NO. 5334 OF 2019 IN FA/518/2008

                                 BHASKAR GANGARAM HISALKAR
                                            VERSUS
                              THE STATE OF MAHARASHTRA AND ORS
                                               ...
                                             WITH
                                  X-OBJECTION NO. 121 OF 2022
                                        IN FA/1077/2015

                            GOVINDRAJ MADHAVRAO CHITRAL AND ANR
                                            VERSUS
                              THE STATE OF MAHARASHTRA AND ORS
                                               …
                                             WITH
                                 FIRST APPEAL NO. 1077 OF 2015

                THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALNA
                                             VERSUS
                         GOVINDRAJ MADHAVRAO CHITRAL AND OTHERS
                                                …
              Advocate for Appellant/claimants/X-objector in respective matters : Ms.
                      Monika U. Boldhane h/f. Mr. H.V. Tungar, Mr. A.B. Kale
                AGP for Respondent/State in respective matters : Mr. S.S. Dande
             Advocate for Respondent/acquiring body/appellant in respective matters :
                            Mr. B.R. Survase & Mr. Sudhir G. Bhalerao
                                                …

                                 CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                 Dated         : September 22, 2026

            PER COURT :-

            1.    As the acquisition proceedings are initiated in the year 1993, heard

            finally with the consent of learned counsel for respective parties.

            2.    By the FA No. 1077/2015, the acquiring body assails the judgment

            and award dated 29.4.2010 passed by the Ad-hoc District Judge-1, Jalna in

            LAR No. 75/1996. In the above first appeal, claimants have also filed cross

            objection   bearing No. 121/2022 for enhancement of compensation. First
                                                           FA 518/08 & Ors.
                                      2

Appeal No. 518/2008 is filed by the original claimant, assailing the

judgment and award dated 13.3.2006 passed by the learned IV Ad-hoc

Additional District Judge, Jalna which came to be dismissed.

3.    In First Appeal No. 1077/2015, the land of the claimant admeasuring

3 H. 35 R. from Gat No. 122 situated at Kukadgaon, Taluka Ambad, Dist.

Jalna was acquired for construction of Bruhat M.I. Tank, Sukhapuri, Taluka

Ambad, District Jalna. Notification under section 4 of the Land Acquisition

Act was published on 9.12.1993. The possesion was taken over by the

acquiring body on 14.5.1996. The Special Land Acquisition Officer (SLAO)

has declared the award on 7.3.1996 and has granted compensation at the

rate of Rs.420/- per R. for land admeasuring 2 H. 1 R. (excluding 1 H. DV

land) and has also granted compensation towards trees.

4.    In First Appeal No. 518/2008, the land of the claimant admeasuring 4

H. 94 R. from Gat No. 122 situated at village Sukhapuri, Taluka Ambad,

Dist. Jalna was acquired for the same project, by same notification.

5.    As far as FA No. 1077/2015 is concerned, the acquiring body assails

the judgment and award of the reference court mainly on the ground that

the referene court has granted comepnsation for acquired trees. Mr. Sudhir

Bhalerao, learned counsel for acquiring body submits that as regards

valuation of the land is concerned, claimants relied upon five sale instances

and out of that one sale instance from village Kukadgaon is executed after

section 4 notification. As far as other sale instances are concerned, one is

from Sukhapuri, one is from Tirthapuri, one is from Tad Hadgaon and last is

from Ambad. He submits that considering the sale instances, the learned

reference court has rightly determined the compensation at the rate of

Rs.1800/- per R. As regards acquired trees are concerned, he submits that
                                                            FA 518/08 & Ors.
                                      3

the reference court has granted rate after considering the number of trees

as was mentioned by the SLAO. Therefore, he submits that the reference

court ought to have discarded the entire report. When a specific query was

made about the valuation done by the reference court in respect of trees is

concerned, he accepted that whatever rate granted by the reference court is

not disputed. Therefore, as far as valuation done by the reference court in

respect of trees is concerned, in view of the acceptance of valuation of trees

by Mr. Sudhir Bhalerao done by the reference court, this Court is not

required to consider the said issue and the order passed by the reference

court need not be gone into that aspect.

6.    As regards valuation towards land is concerned, before the reference

court the claimants have relied upon five sale instances, at Exhs. 32, 33 &

41 to 43. First sale instance is in respect of land from village Sukhapuri by

which 40 R. land from Gat No. 84 was sold for Rs.19,000/- on 22.9.1992.

Second sale instance is in respect of land from village Kukadgaon, by which

58 R. land was sold from Gat No. 2 for Rs.50,000/- on 5.4.1997, which is

after section 4 notification. Third sale instance is in respect of land from

village Tirthapuri, by which 40 R. land from Gat No. 41 was sold for

Rs.75,000/- on 22.6.1993. Fourth sale instance is in respect of land from

village Tad Hadgaon by which 6 R. land from Gat No. 528 was sold for

Rs.18,000/- on 29.5.1990. Lastly the first sale instance is in respect of land

from village Ambad, by which 40 R. land from Gat No. 28/2 was sold for

Rs.30,000/- on 25.9.1989.

7.    After considering the above sale instances, it appears that except the

sale instance in respect of land from village Kukadgaon, Exh. 33, the other

sale instances are exectuted before section 4 notification. As per the sale
                                                                        FA 518/08 & Ors.
                                               4

instance in respect of land from village Sukhapuri, Exh. 32, is concered, 40

R. land was sold for Rs.19,000/- on 22.9.1992. All the counsel have not

disputed the fact that the lands from village Sukhapuri in the present

matters were acquired for the above project and therefore, in my view, the

sale instance from village Sukhapuri can be considered as comparable sale

instance. Once the sale instance from the same village is available, the

learned        reference   court   ought      to   have   considered     the    same   for

determination of market value of the acquired lands and determine the

compensation as the sale instance of land from village Sukhapuri. It appeas

that the learned reference court has granted compensation at the rate of

Rs.1800/- per R. by applying certain guess work without recording any

finding and the reference court has not considered the sale instance from

village Sukhapuri. As per that sale instance the rate comes to Rs.2045.50

per R. Therefore, by rounding it off, this Court holds that the claimants in

the above case are entitled to receive compensation at the rate of

Rs.2050/- per R. for their acquired land. However, as the sale instance is of

the year 1992, the claimants are entitled to 10% escalation. Therefore, I

hold that the claimants are entitled to receive compensation at the rate of

Rs.2250/- per R. In view of the above, FA No. 1077/2015 filed by the

acquiring body needs to be dismissed and the Cross Objection No.

121/2022 filed by the claimants need to be allowed.

8.       As far as FA No. 518/2008 is concerned, in that case, the learned

reference court has dismissed the reference by holding that the claimants

failed    to    lead   evidence    in   the    matter.    Once   this   Court   enhances

compensation in FA No. 1077/2015, which arises out of same notification,

from the same village and for the same project, considering the sale
                                                                 FA 518/08 & Ors.
                                        5

instance Exh. 32 which is in respect of land from village Sukhapuri, I hold

that in the interest of justice, to maintain the parity, the claimants in FA No.

518/2008 is also entitled to receive the compensation as granted in FA No.

1077/2015. Hence, the FA No. 518/2008 needs to be partly allowed. Hence,

I pass the following order.

                                    ORDER

(i)     FA No. 1077/2015 filed by the acquiring body is dismissed and Cross

Objection No. 121/2022 filed by the claimant is partly allowed.

(ii)    FA No. 518/2008 is also partly allowed.

(iii)   The claimants are entitled to receive compensation at the rate of

Rs.2250/- per R. for their acquired lands.

(iv)    The claimants are entitled to receive all the statutory benefits

including interest on enhanced amount as per the provisions of Land

Acquisition Act.

(v)     The claimant to pay deficit court fees, if any, on enhanced amount.

(vi)    The claimants are not entitled to receive interest for delayed period, if

any, i.e. from the date of award of reference court till today.

(vii)   The impugned judgment and award of the reference court is modified

accordingly.

(viii) Rest of the award shall remain unaltered.

(ix)    Pending Civil Application, if any, stands disposed of.



                                             ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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