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Bombay High Court

BALIRAM MULCHAND PATIL, DIED THR. L.RS. SHRIKRISHAN AND ORSversusTHE DIVISIONAL OFFICER, M.I.D.C. NASHIK AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

Since the acquired lands are from the same village, acquired for the same public purpose under the same notification as in First Appeal No. 1210/2012, the present appeals are covered by that decision and the claimants are entitled to enhanced market value of Rs.2,60,000 per hectare with statutory benefits.

Summary

These appeals arise from two reference court awards in LAR No. 80/1998 and LAR No. 32/1998 concerning acquisition of the claimants' lands for M.I.D.C. Dhule. The claimants and the acquiring body argued that the lands were from the same village, acquired for the same public purpose and under the same notification as in First Appeal No. 1210/2012 (The Divisional Officer, M.I.D.C., Nashik v. Yadav Bhivsan Patil and Others) decided on 28.7.2026. The learned AGP fairly conceded that the controversy is identical. The Court accepted that the present appeals are squarely covered by the earlier judgment and saw no reason to take a different view. It therefore disposed of the appeals in terms of that judgment. First Appeal No. 740/2012 filed by the acquiring body was dismissed, while Cross Objection No. 288/2026 and First Appeal No. 1258/2005 filed by the claimants were partly allowed. The market value of the acquired lands was enhanced to Rs.2,60,000 per hectare, with consequential statutory benefits and interest under Section 34 of the Land Acquisition Act, 1894, subject to the Full Bench decision in State of Maharashtra v. Kailas Shiva Rangari and no interest for the delayed period.

Issues considered

  • Whether the present appeals are covered by the judgment in First Appeal No. 1210/2012 dated 28.7.2026?
  • Whether the claimants are entitled to enhancement of compensation at the rate determined in the connected matters?
  • Whether the acquiring body's appeal against the reference court award is liable to be dismissed?
  • Whether the claimants are entitled to statutory benefits and interest under Section 34 of the Land Acquisition Act, 1894?

Legislation cited

Subjects

  • Land Acquisition
  • Compensation
  • Market Value
  • M.I.D.C.
  • Same Notification
  • Statutory Benefits
  • Interest
  • Section 34
  • Cross Objection
  • First Appeal

Judgment

2026:BHC-AUG:40621

                                                                        FA 1258/05 & anr.
                                                   1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 50 FIRST APPEAL NO. 1258 OF 2005

                                        DEORAM ZIPA PATIL
                                              VERSUS
                               SPECIAL LAND ACQ OFFICER AND ANR
                                                 ...
                                Advocate for Appellant : Mr. A.B. Kale
                           AGP for Respondent/State : Mr. S.N. Morampalle
                             Advocate for Respondent 3 : Mr. S.S. Dande
                                                 ...
                                 81 X-OBJECTION NO. 288 OF 2026
                                           IN FA/740/2012

                 BALIRAM MULCHAND PATIL, DIED THR. L.RS. SHRIKRISHAN AND ORS
                                            VERSUS
                        THE DIVISIONAL OFFICER, M.I.D.C. NASHIK AND ORS
                                               ...
                                              WITH
                                  FIRST APPEAL NO. 740 OF 2012
                                              WITH
                       CIVIL APPLICATION NO. 11370 OF 2019 IN FA/740/2012

                             THE DIVISIONAL OFFICER, MIDC, NASIK
                                              VERSUS
                 BALIRAM MULCHAND PATIL, DIED THR. L.RS. SHRIKRISHAN AND ORS
                                                 …
                       Advocate for appellant/acquiring body : Mr. S.S.Dande
                         Advocate for X-objectioner/claimant : Mr. A.B. Kale
                            AGP for Respondent/State : Mr. A.D. Wange
                                                 …

                                        CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                        Dated       : August 31, 2026

            PER COURT :-

            1.       Heard the learned counsel for the respective parties.

            2.       The present appeals arises out of the Judgment and Award dated

            9.8.2005 passed by the learned Civil Judge, Senior Division, Dhule in LAR

            No. 80/1998 and judgment and award dated 30.3.2011 passed by the Jt.

            Civil Judge, Senior Division, Dhule in LAR No. 32/1998, respectively.

            3.       The learned counsel for the acquiring body and original claimants
                                                            FA 1258/05 & anr.
                                      2

submits that the lands of the claimants were acquired from the same

village, for the same public purpose i.e. M.I.D.C. Dhule, and under the same

notification as involved in the First Appeal No. 1210/2012 (The Divisional

Officer, M.I.D.C., Nashik Vs. Yadav Bhivsan Patil And Others) and other

connected matters dated 28.7.2026. It is, therefore, contended that the

controversy involved in the present appeal is squarely covered by the

judgment and order in FA No. 1210/12 (supra), and consequently, the

present appeals deserve to be disposed of in terms thereof. The learned

A.G.P. appearing for respondent/State fairly concedes the aforesaid position.

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 appeal is identical to the one decided by

this Court in FA No. 1210/12 (supra), I see no reason to take 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 Appeal No. 740/2012 preferred by the appellant/acquiring body

is dismissed.

(ii)    Cross Objection No. 288/2026 in FA No. 740/2012 and First Appeal

No. 1258/2005 preferred by the claimants are partly allowed.

(iii)   The market value of the acquired lands is enhanced and determined

at Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) per Hectare.

(iv)    The claimants shall be entitled to all consequential statutory benefits

on the enhanced compensation in accordance with the provisions of the

Land Acquisition Act, 1894.
                                                               FA 1258/05 & anr.
                                        3

(v)      The claimants shall also be entitled to interest under Section 34 of

the Land Acquisition Act, 1894, strictly in accordance with the Full Bench

judgment of this Court in State of Maharashtra Vs. Kailas Shiva Rangari

2016 (3) Mh.L. J. 457.

(vi)     The claimants shall not be entitled to interest for the delayed period,

if any, in accordance with the orders passed in the respective matters.

(vii)    Save and except the above modification in the quantum of

compensation, the impugned Judgments and Awards passed by the learned

Reference Court shall remain unaltered.

(viii)   The Bank Guarantees, if any, furnished by the respective claimants

stand discharged.

(ix)     The claimants shall pay deficit court fees, if any.

(x)      The claimants are permitted to withdraw the amount deposited by

the appellant-acquiring body, together with accrued interest, if any, upon

furnishing the usual undertaking to the satisfaction of the Registrar

(Judicial) of this Court.

(xi)     Modified award be drawn accordingly.

(xii)    Pending Civil Applications, if any, also stand disposed of.



                                            ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


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