Bombay High CourtFA/223/2026partly allowed and partly dismissed

Ashamati Vitthalrao Warade And Others v. The State Of Maharashtra Through The Collector, Parbhani And Others

2026-02-06Hon'Ble Shri Justice Shailesh P. Brahme6 pages

2026:BHC-AUG:5312 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 FIRST APPEAL NO. 220 OF 2026 ARVIND VITTHALRAO SHINDE ...

Mr. A. N. Gaddime, Advocate for Respondent No.3 AND 2 FIRST APPEAL NO. 222 OF 2026 SHIVAJI BHANUDAS PARDHI ...

Mr. N. D. Raje, AGP for Respondent/s-State Mr. Anand Chawre, Advocate for Respondent No.3 AND 3 FIRST APPEAL NO. 224 OF 2026 UKANDI KISHAN KAMBLE ...

Mr. S. V. Hange, AGP for Respondent/s-State Mr. S. S. Dande, Advocate for Respondent No.3 FIRST APPEAL NO. 223 OF 2026

( 2 ) ASHAMATI VITTHALRAO WARADE AND OTHERS ...

Bhise Vitthal Dnyanoba, Advocate for Appellant Mr. S. V. Hange, AGP for Respondent/s-State Mr. M. S. Kulkarni, Advocate for Respondent No.3 AND 4 FIRST APPEAL NO. 228 OF 2026 DIGAMBAR RAMRAO LANGOTE ...

Mr. A. D. Gade, Advocate for Respondent No.3 FIRST APPEAL NO. 227 OF 2026 PRASAD EKNATHRAO BOCHARE AND ANR ...

Mr. Bhise Vitthal Dnyanoba, Advocate for Appellants Mr. B. V. Virdhe, Advocate for Respondent No.3 FIRST APPEAL NO. 226 OF 2026 PANDURANG BABURAO PARDHI AND ANOTHER ...

( 3 ) Mr. S. P. Sonpawale, Advocate for Respondent No.3 FIRST APPEAL NO. 225 OF 2026 SARJERAO BHAGWAN PARDHI AND ANOTHER ...

Mr. Bhise Vitthal Dnyanoba, Advocate for Appellants Mr. M. S. Kulkarni, Advocate for Respondent No.3 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 06.02.2026 PER COURT :- .

Heard both sides.

Appellants are challenging judgment and award passed in their respective references. They are claiming enhancement of the compensation and the benefit of escalation on the ground of parity. For that purpose, reliance is placed on consistent view being taken by this Court in numerous matters. One such elaborate judgment is passed in the matter of Pralhad Annasaheb Nirwal vs. State of Maharashtra and others in First Appeal No.1778 of 2024 with connected matters on 11.12.2025.

Learned counsel for the respondents would oppose the

( 4 ) submissions. It is submitted that the ground of parity is not attracted in the appeal. Appellants have failed to make a case for enhancement and the appeal is liable to be rejected.

In the present case, the lands from village Borgaon, Taluka Selu, District Parbhani, have been acquired for 'Nimna Dudhana Project'. The lands have been classified as non-irrigated land and semi-irrigated land. The classification has not been disputed by both the parties. The notification under Section 4 of the Land Acquisition Act, 1894, was issued on 01.02.2007 which is relevant for determining the escalation.

Following are the material particular of the appeal : FA No.

LAR No.

Gut No.

Total Acquire d area Notification u/s.4 Award u/s.

11 date SLAO rate as per award Ld.

Reference Court enhanced rate per R Type of land Ld. Reference Court awarded Dry Semi irrigat ed Irrig ated Pot kharab 220/2026 Arvind V.

Shinde 96/2010 (23.06.202 4) 01H 89R 01.02.2007 30.04.2008 Rs.1,500/ Rs.3,500/- Seasonally irrigated land 01H 89R - 222/2026 Shivaji B.

Pardhi 97/2010 (23.06.201 5) 01H 05R 01.02.2007 30.04.2008 Rs.1,220/ Rs.3,500/- Seasonally irrigated land 01H 05R - 224/2026 Ukandi K.

Kamble 108/2010 (24.06.201 5) 00H 78R 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,100/- Dry land 00H 78R - 223/2026 Ashamati V. Warde 102/2010 (24.06.201 5) 00H 95R 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,100/- Dry land 00H 95R - 228/2026 Digambar R.

Langote 42/2011 (24.06.201 5) 01H 16R 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- Dry land 01H 16R -

( 5 ) 227/2026 Prasad E.

Bochare & Ors 89/2010 (24.06.201 5) 01H 41R 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- Dry land 01H 41R - 226/2026 Panduran g B.

Pardhi & Ors 109/2010 (24.06.201 5) 00H 94R 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- Dry land 00H 94R - 225/2026 Sarjerao B. Pardhi & Ors 92/2010 (24.06.201 5) 00H 87R 01.02.2007 30.04.2008 Rs.1,220/ Rs.2,250/- Dry land 00H 87R - 6.

This Court has taken consistent view in the matter of acquisitions of lands from cluster of villages for 'Nimna Dudhana Project'. After considering all aspects of the matter, rate of Rs.2,500/- per Are for Jirayat land Rs.3,750/ per Are for Semi irrigated land, Rs.5,000/- for per Are irrigated land and Rs.1,250/- per Are for pot kharab land have been arrived at. The benefit of escalation has also been granted in numerous cases. Present case is squarely covered by one such common judgment of Pralhad Annasaheb Nirwal (supra). Appellants are entitled to receive rate of Rs.7,022/- per Are for non-irrigated land, Rs.10,533/- per Are for semi-irrigated land and escalation for 10 years, 10 months, 01 days at the rate of 10% per annum. The payment of interest shall be governed by the decision of full bench in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]. I, therefore, pass following order :

( 6 )

O R D E R

First Appeals are allowed partly.

The appellants shall be entitled to receive rate of Rs.7,022/- per Are for non-irrigated land, Rs.10,533/- per Are for semi-irrigated land.

The appellants shall not be entitled to the interest and statutory benefits for the delayed period as well as lapses i.e. from 28.07.2022 to 02.12.2022.

The appellants shall be entitled to the interest under Section 28 and 34 of the Land Acquisition Act, 1894 as per full bench judgment of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].

Save and except above modification, the impugned judgment and award shall stand unaltered.

Record and Proceeding be sent back to the Reference Court.

The appellants shall pay deficit court fees.

Award be drawn accordingly.

( SHAILESH P. BRAHME, J. ) PRW