Bombay High Court
THE EX. ENGINEER, URDHVA PRAVARA PROJECT DAM DIVISION, GHULEWADI AHMADNAGARversusNAMDEV GANGARAM WAVALE AND ANR
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The court held that the market value for lands acquired under the 18‑02‑1998 notification should be set at Rs.3,700 per R, while the Rs.5,000 per R valuation for lands acquired under the 29‑11‑2000 notification is affirmed, and the interest component must be adjusted according to State of Maharashtra v. Kailas Shiva Rangari.
Summary
The case involved multiple first appeals and cross‑objections arising from land acquisition proceedings for the Urdhva Pravara Project in villages Mehenduri and Bahirwadi, where claimants sought higher compensation and the acquiring body contested interest. The Special Land Acquisition Officer had initially fixed compensation rates of Rs.1,400‑1,870 per R for acquisitions notified on 18‑02‑1998 and Rs.1,974‑2,095 per R for those notified on 29‑11‑2000. The Reference Court later enhanced the market values to Rs.3,200 per R for the 1998 group and Rs.5,000 per R for the 2000 group, prompting further appeals. The court examined comparable sale transactions, the proximity of villages, and prior judgments to determine that a rate of Rs.3,700 per R was appropriate for the 1998 group, while the Rs.5,000 rate for the 2000 group should stand. It also modified the interest component in line with the Full Bench decision in State of Maharashtra v. Kailas Shiva Rangari. Consequently, several appeals were partly allowed, others dismissed, and the cross‑objections were partly allowed regarding interest.
Issues considered
- The appropriate market value of the acquired land for compensation purposes
- Whether the compensation awarded by the Reference Court should be further enhanced
- The calculation and entitlement of interest on compensation under Sections 28 and 34 of the Land Acquisition Act
- The relevance of prior sale transactions and earlier court determinations in setting market value
Legislation cited
- Land Acquisition Act, 1894 — s. 11, 18, 28, 34, 4
Subjects
- land acquisition
- compensation
- market value
- interest
- statutory benefits
- reference court
- enhancement
- cross objection
Judgment
2026:BHC-AUG:44495
9061FA-4618-2017 (+).odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 FIRST APPEAL NO. 4618 OF 2017
Keru Gopala Wavale (Deceased)
Through L.Rs.Gopala Keru Wavale
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION (STAMP) NO. 33669 OF 2018 IN FA/4618/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi
Ahmadnagar
VERSUS
Keru Gopala Wavale (Deceased)
Through L.Rs.Gopala Keru Wavale And Another
AND
47 FIRST APPEAL NO. 4151 OF 2017
Rambhau Kashinath Arote (Dead) Through L.Rs. Vijay And Others
VERSUS
State Of Maharashtra Thr S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION NO. 76 OF 2025 IN FA/4151/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Rambhau Kashinath Arote (Dead) Through L.Rs. Vijay And Others
……
48 FIRST APPEAL NO. 4155 OF 2017
Keru Gopala Wavale (Dead) L.Rs. Gopala Keru Wavale And Another
VERSUS
State Of Maharashtra Through S.L.AO. No.3 Ahmednagar And Another
AND
X-OBJECTION NO. 74 OF 2025 IN FA/4155/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Keru Gopala Wavale (Dead) L.Rs. Gopala Keru Wavale And Another
9061FA-4618-2017 (+).odt
2
AND
FIRST APPEAL NO. 4158 OF 2017
Bhau Govinda Wavale
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION NO. 75 OF 2025 IN FA/4158/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi
Ahmadnagar
VERSUS
Bhau Govinda Wavale And Another
AND
FIRST APPEAL NO. 4159 OF 2017
Bharat Karbhari Wavale
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION (STAMP) NO. 33604 OF 2018 IN FA/4159/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division, Ghulewadi
Ahmadnagar
VERSUS
Bharat Karbhari Wavale And Another
AND
FIRST APPEAL NO. 4241 OF 2017
Manohar Sukhadev Chaskar
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
CIVIL APPLICATION NO. 9953 OF 2026 IN FA/4241/2017
Manohar Sukhadev Chaskar.
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION NO. 289 OF 2026 IN FA/4241/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Manohar Sukhadev Chaskar And Another
9061FA-4618-2017 (+).odt
3
AND
FIRST APPEAL NO. 4239 OF 2017
Laxman Baburao Chaskar And Another
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION (STAMP) NO. 33552 OF 2018 IN FA/4239/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Laxman Baburao Chaskar And Others
AND
FIRST APPEAL NO. 4150 OF 2017
Namdev Gangaram Wavale
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION NO. 78 OF 2025 IN FA/4150/2017
The Ex. Engineer,
Urdhva Pravara Project Dam Division, Ghulewadi Ahmadnagar
VERSUS
Namdev Gangaram Wavale And Another
AND
FIRST APPEAL NO. 4152 OF 2017
Dada Bhau Arote (Died) Through L.Rs. Ramhari And Others
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION NO. 73 OF 2025 IN FA/4152/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Dada Bhau Arote (Died) Through L.Rs. Ramhari And Others
9061FA-4618-2017 (+).odt
4
AND
FIRST APPEAL NO. 4153 OF 2017
Shantabai Laxman Arote And Another
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION (STAMP) NO. 33548 OF 2018 IN FA/4153/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Shantabai Laxman Arote And Others
AND
FIRST APPEAL NO. 4160 OF 2017
Punjiram Bhimaji Phargade And Another
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION (STAMP) NO. 33570 OF 2018 IN FA/4160/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Punjiram Bhimaji Phargade And Others
AND
FIRST APPEAL NO. 4523 OF 2017
Tukaram Abaji Bangal Through L.Rs. Bhimraj And Another
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And Another
AND
X-OBJECTION (STAMP) NO. 33567 OF 2018 IN FA/4523/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi Ahmadnagar
VERSUS
Tukaram Abaji Bangal Through L.Rs. Bhimraj And Others
9061FA-4618-2017 (+).odt
5
AND
FIRST APPEAL NO. 4627 OF 2017
Keru Bapu Hase (deceased) Through L.Rs. Dattatraya And Others
VERSUS
State Of Maharashtra Through S.L.A.O. No.3 Ahmednagar And And Others
AND
X-OBJECTION (STAMP) NO. 33580 OF 2018 IN FA/4627/2017
The Ex. Engineer, Urdhva Pravara Project Dam Division,
Ghulewadi, Ahmadnagar
VERSUS
Keru Bapu Hase (deceased) Through L.Rs.Dattatraya And Others
……
Mr. Vinod Y. Bhide, Advocate for Claimants in all FAs & X-Objs.
Mr. Sudhir G. Bhalerao, Advocate for Acquiring Body in all X-Objs and FAs
Mr. S.N. Morampalle, Mr. A.M. Phule, Mr. D.R. Korde, Mr. A.D. Wange, Mr.
B.A. Shinde, Mr. G.O. Wattamwar and Mr. S.S. Dande, AGPs for Respondent-
State in respective matters
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 24 SEPTEMBER, 2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. These First Appeals and Cross Objections arise out of the Judgments
and Awards passed by the learned Joint Civil Judge, Senior Division,
Sangamner, in Land Acquisition Reference Nos.92/2011, 129/2011,
136/2011, 66/2011, 90/2011, 131/2011, 65/2011, 135/2011, 132/2011,
137/2011, 133/2011, 134/2011 and 138/2011. Since all these matters arise
out of the same acquisition proceedings and involve a common issue relating
to determination of the market value, they are heard together and are being
disposed of by this common order. The First Appeals are filed by the original
9061FA-4618-2017 (+).odt
6
claimants seeking further enhancement of compensation, whereas the Cross
Objections are preferred by the Acquiring Body, principally in relation to the
interest component.
3. The lands belonging to the respective claimants, situated at villages
Mehenduri and Bahirwadi, Taluka Akole, District Ahmednagar, were
acquired for the Urdhva Pravara Project Left Canal, Nilwade 2 and Urdhva
Pravara Project Right Canal. The relevant particulars are as under:
Sr.
First Appeal No. LAR No. Village Gat No. Area Acquired
No.
1 4241 of 2017 92/2011 Bahirwadi 24/2 60 R
85/3; 5 R;
85/4; 48 R;
2 4618 of 2017 129/2011 Mehenduri 86/1-2/1; 13 R;
89/3; 12 R;
88/1 2 H 58 R
3 4151 of 2017 136/2011 Mehenduri 41/3 18 R
4 4155 of 2017 66/2011 Bahirwadi 24/4 36 R
5 4158 of 2017 90/2011 Bahirwadi 25/6 53 R
61 R; 1
6 4159 of 2017 131/2011 Mehenduri 85/2
0 R (PK)
23/22; 45 R;
7 4239 of 2017 65/2011 Bahirwadi
24/1 18 R
8 4150 of 2011 135/2011 Mehenduri 40/1-3B 69 R
9 4152 of 2011 132/2011 Mehenduri 43/1-2A 35 R
10 4153 of 2011 137/2011 Mehenduri 40/1 10 R
11 4153 of 2011 133/2011 Mehenduri 87/1B 1H3R
12 4523 of 2011 134/2011 Mehenduri 42/1-2A/1 20 R
13 4627 of 2011 138/2011 Mehenduri 84/3A 70 R
4. In L.A.R. Nos.129/2011, 136/2011, 131/2011, 135/2011, 132/2011,
137/2011, 133/2011, 134/2011 and 138/2011, the notification under
Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was
published on 18.02.1998. The Special Land Acquisition Officer (for short,
9061FA-4618-2017 (+).odt
7
“the SLAO”) passed the Award under Section 11 of the Act on 20.02.2001
and determined compensation ranging from Rs.1,400/- to Rs.1,870/- per R
for different classes of the acquired bagayat lands.
In L.A.R. Nos.92/2011, 66/2011, 90/2011 and 65/2011, the
notification under Section 4 of the Act was published on 29.11.2000. The
SLAO passed the Award under Section 11 of the Act on 28.05.2002 and
determined compensation ranging from Rs.1,974/- to Rs.2,095/- per R for
the respective classes of the acquired lands.
The claimants, being dissatisfied with the market value determined by
the SLAO, accepted the compensation under protest and sought references
under Section 18 of the Act for determination of the proper market value.
Accordingly, the references came to be made to the learned Reference Court.
5. Upon appreciation of the oral and documentary evidence adduced by
the parties, the learned Reference Court, vide Judgments and Awards dated
19.12.2016, enhanced the market value in L.A.R. Nos.129/2011, 136/2011,
131/2011, 135/2011, 132/2011, 137/2011, 133/2011, 134/2011 and
138/2011 to Rs.3,200/- per R, along with statutory benefits. By the
Judgments and Awards dated 01.12.2016, in L.A.R. Nos.92/2011, 66/2011,
90/2011 and 65/2011, the learned Reference Court enhanced the market
value to Rs.5,000/- per R, along with statutory benefits. The claimants
have, therefore, preferred the First Appeals seeking further enhancement,
9061FA-4618-2017 (+).odt
8
whereas the Acquiring Body has preferred the Cross Objections challenging
the entitlement to interest from the date of publication of the Section 4
notification.
6. Learned counsel Mr. Bhide for the claimants submits that the
claimants had led evidence before the learned Reference Court showing that
the acquired lands are irrigated lands. He submits that, in the matters
relating to the notification dated 29.11.2000, the learned Reference Court
relied upon the sale instance dated 21.10.1997 from village Bahirwadi,
under which 17 R of land was sold for Rs.60,000/-. By applying 10%
increase per year, the learned Reference Court worked out the market value
at Rs.5,421/- per R and, after rounding off, granted Rs.5,000/- per R.
7. It is submitted that the record also shows that villages Unchkhadak
(Kd.), Bahirwadi and Mehenduri are adjacent to each other and within a
periphery of 1 Km. It is further submitted that Mehenduri and Bahirwadi
were historically part of the same village and that Unchkhadak (Kd.) and
Mehenduri came to be bifurcated from Bahirwadi. Learned counsel,
therefore, submits that Sale Deed No.908/2000 dated 17.05.2000 from
Unchkhadak (Kd.) is a relevant comparable sale instance. He particularly
relies upon the said sale instance for the matters in which the Section 4
notification was published on 29.11.2000, as the sale transaction preceded
the said notification.
9061FA-4618-2017 (+).odt
9
8. Per contra, learned counsel Mr. Sudhir G. Bhalerao for the Acquiring
Body submits that this Court has already considered sale instances from
village Bahirwadi in First Appeal No.120 of 2015 and connected matters
and, relying upon the sale instances at Exhibits 17 and 19 dated 13.06.1996,
determined the market value at Rs.3,700/- per R. In that case also, lands
from village Bahirwadi were acquired for the Urdhva Pravara Project, the
Section 4 notification was published on 01.03.1998 and the Award was
declared on 30.12.2000.
9. Learned counsel submits that the said determination is relevant to the
present acquisition. He further submits that, in some of the present matters,
the learned Reference Court has already granted Rs.5,000/- per R and,
therefore, no further enhancement is warranted.
10. I have considered the submissions advanced by the learned counsel
for the claimants and the learned counsel for the Acquiring Body. With their
able assistance, I have gone through the Record and Proceedings, the
impugned Judgments and Awards and the material placed on record.
11. As regards the matters in which the Section 4 notification was
published on 18.02.1998, i.e. in L.A.R. Nos.129/2011, 136/2011,
131/2011, 135/2011, 132/2011, 137/2011, 133/2011, 134/2011 and
138/2011, the Acquiring Body has placed reliance upon the earlier
determination of this Court in First Appeal No.120 of 2015 and connected
9061FA-4618-2017 (+).odt
10
matters, wherein, on the basis of sale instances dated 13.06.1996 from
village Bahirwadi, the market value was determined at Rs.3,700/- per R for
an acquisition involving a Section 4 notification dated 01.03.1998. The
notification in the present group is dated 18.02.1998, i.e. only a short
interval earlier. The record placed before this Court also shows the close
geographical proximity of the villages concerned. In the absence of any
material on record demonstrating a materially different market trend
between the two dates, the rate of Rs.3,700/- per R provides an appropriate
basis for determination of the market value in this group of matters. The
claimants are, therefore, entitled to enhancement from Rs.3,200/- to
Rs.3,700/- per R.
12. As regards L.A.R. Nos.92/2011, 66/2011, 90/2011 and 65/2011, in
which the Section 4 notification was published on 29.11.2000, the learned
Reference Court, upon appreciation of the oral and documentary evidence
adduced by the parties, has determined the market value at Rs.5,000/- per R
for the acquired bagayat lands. Having regard to the material placed on
record and the reasons recorded by the learned Reference Court, I find no
sufficient ground to interfere with the said determination. Consequently, no
further enhancement is warranted in these matters.
13. As regards the application for leading additional evidence, since the
learned Reference Court has already granted compensation at the rate of
Rs.5,000/- per R in the concerned matters and no further enhancement is
9061FA-4618-2017 (+).odt
11
being granted therein, the application does not survive and is accordingly
disposed of.
14. As regards the Cross Objections, the Acquiring Body has questioned
the grant of interest from the date of publication of the Section 4
notification. The interest payable under Sections 28 and 34 of the Act is
required to be governed by the law laid down by the Full Bench of this Court
in State of Maharashtra vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457.
Accordingly, the interest component in the impugned Judgments and
Awards requires modification to that extent.
15. In view of the above discussion, First Appeal Nos.4618/2017,
4151/2017, 4159/2017, 4150/2017, 4152/2017, 4153/2017, 4160/2017,
4523/2017 and 4627/2017 deserve to be partly allowed. First Appeal
Nos.4155/2017, 4158/2017, 4241/2017 and 4239/2017 deserve to be
dismissed. The Cross Objections filed by the Acquiring Body deserve to be
partly allowed to the extent of modification of the interest component.
Hence, the following order:
ORDER
(i) First Appeal Nos.4618/2017, 4151/2017, 4159/2017, 4150/2017,
4152/2017, 4153/2017, 4160/2017, 4523/2017 and 4627/2017 are partly
allowed.
(ii) First Appeal Nos.4155/2017, 4158/2017, 4241/2017 and 4239/2017
are dismissed.
9061FA-4618-2017 (+).odt
12
(iii) The Cross Objections filed by the Acquiring Body are partly allowed to
the extent of modification of the interest component.
(iv) The appellants/claimants in First Appeal Nos.4618/2017, 4151/2017,
4159/2017, 4150/2017, 4152/2017, 4153/2017, 4160/2017, 4523/2017
and 4627/2017 shall be entitled to compensation at the rate of Rs.3,700/-
per R for their respective acquired lands.
(v) In First Appeal Nos.4155/2017, 4158/2017, 4241/2017 and
4239/2017, the compensation awarded by the learned Reference Court at
the rate of Rs.5,000/- per R shall remain unaltered.
(vi) The claimants shall be entitled to all statutory benefits on the
enhanced compensation, in accordance with the provisions of the Land
Acquisition Act, 1894.
(vii) The claimants shall be entitled to interest under Sections 28 and 34 of
the Act strictly in accordance with the law laid down by the Full Bench of
this Court in State of Maharashtra vs. Kailas Shiva Rangari, (supra).
(viii) Save and except the aforesaid modifications, the impugned Judgments
and Awards dated 19.12.2016 and 01.12.2016 passed by the learned Joint
Civil Judge, Senior Division, Sangamner, in the aforesaid Land Acquisition
References shall remain unaltered.
9061FA-4618-2017 (+).odt
13
(ix) The claimants shall pay the deficit court fees, if any, on the enhanced
amount.
(x) The claimants and/or their legal heirs are permitted to withdraw the
amount deposited by the Acquiring Body, along with accrued interest,
subject to adjustment of the interest component in terms of the law laid
down by the Full Bench of this Court in State of Maharashtra vs. Kailas
Shiva Rangari, (supra).
(xi) At the time of withdrawal of the amount, the Registrar (Judicial) shall
verify all requisite documents, including the heirship certificate, if any.
(xii) After payment of the amount due to the claimants, if any excess
amount remains, the same shall be paid to the Acquiring Body along with
the accrued interest thereon.
(xiii) The modified Awards be drawn accordingly.
(xiv) Pending Civil Applications, if any, stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
Checking your session…