Popat Narayan Patil v. The Special Land Acq. Officer And ANR
2025:BHC-AUG:34824 ( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 28 FIRST APPEAL NO. 3405 OF 2023 POPAT NARAYAN PATIL
VERSUS
THE SPECIAL LAND ACQ. OFFICER AND ANR AND FIRST APPEAL NO. 1847 OF 2023 BHIMRAO LAXMAN SAPKALE (DIED) THROUGH L.RS. YASHWANT AND OTHERS
VERSUS
THE SPECIAL LAND ACQ. OFFICER AND ANR FIRST APPEAL NO. 1848 OF 2023 NARAYAN BHIKA PATIL AND OTHERS
VERSUS
THE SPECIAL LAND ACQ. OFFICER AND ANR ...
Mr. S. A. Kale h/f. Mr. A. B. Kale, Advocate for Appellants Mr. N. R. Dayma, AGP for Respondents/State Mr. Sandesh R. Patil, Advocate for Respondent No.2 ...
CORAM
: SHAILESH P. BRAHME, J.
DATE : 09.12.2025 PER COURT :- .
These appeals can be disposed of by common judgment and order. The issue involved is no more res integra. The appellants are claiming
( 2 ) enhancement of compensation to challenge the impugned judgment and award. Following are the material particulars of the appeals. F.A.No.
LAR No.
Notification u/4 Date of Award 83/2006 23.12.1997 21.12.2000 1372/2005 22.11.1997 20.11.2000 1370/2005 22.11.1997 20.11.2000 2.
Undisputedly, the lands acquired in the present proceedings are Jirayat land and acquired for Waghur project. The lands are located at village Khadgaon and Hingane Bk. which are adjoining. The SLAO granted rate of Rs.25,875/- per Hector to Rs.43,700/- per Hector which is enhanced to Rs.1,80,000/- per Hector. In case of First Appeal No.3405 of 2025, Reference Court enhanced the rate to Rs.1,25,000/- per Hector. 3.
Reliance is placed on the judgment of the Division Bench in Special Land Acquisition Officer (III) Jalgaon and another vs. Bhagwat Vithal Sonwane [2009 (4) Mh.L.J. 308] for claiming parity and rate of Rs.2,00,000/- per Hector for dry land. This Court has consistently following the judgment of coordinate benches in various matters. One such order dated 04.12.2025 passed in First Appeal No.1852 of 2023 and the connected appeals is placed on record.
( 3 ) 4.
Learned counsel for the acquiring body opposes the submissions and plea of parity. It is contended that appellants will have to demonstrate independently their entitlement to the enhancement of the compensation. It is contended that the Reference Court has rightly determined the rate and the compensation. Learned counsel further submits that in earlier matter, the lands acquired were situated in village Khadgaon but in First appeal no.3405 of 2023, it is situated at village Hingane Bk. which a different place. 5.
I have considered the rival submissions of the parties. The lands in question are acquired for Waghur project those are from village Khadgaon and Hingane Bk. which are from the same vicinity. No different treatment can be given to the claimants whose lands are acquired for same project. Learned counsel for the appellants has rightly referred to the judgment of the Division Bench. Appellants are also entitled to enhancement to the extent of Rs.2,00,000/- per Hector.
6.
It is made clear that the interest is payable from the date of award by following the judgment of the Full Bench in the case of State of Maharashtra vs. Kailash Shiva Rangari reported in 2016(3) Mh.L.J.,
( 4 )
O R D E R
(i) First Appeals are allowed partly.
(ii) Appellants are entitled to receive compensation at the rate of Rs.2,00,000/- per Hector for the lands under the acquisition. (iii) Appellants are also entitled to that interest from the date of award. (iv) Save and except above, the remaining award passed by the Reference Court shall stand confirmed.
(v) Appellants shall not be entitled to the interest and statutory benefit for the delayed period caused in preferring the First Appeals. ( SHAILESH P. BRAHME, J. ) PRW