Kisan Bapu Survase v. The State Of Maharashtra, Through The Collector, Parbhani And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 20 FIRST APPEAL NO. 410 OF 2024 GANGADHAR UMAJI LIKHE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. N.D. Raje Advocate for Respondent No. 3 : Mr. Survase B.R. ...
21 FIRST APPEAL NO. 411 OF 2024 BALASAHEB GULAB GAYKE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.N.Morampalle Advocate for Respondent No. 3 : Mr. Survase B.R. ...
22 FIRST APPEAL NO. 412 OF 2024 UDHAV ASHROBA GAYKE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr.S.V. Hange Advocate for Respondent No. 3 : Mr. Survase B.R. ...
23 FIRST APPEAL NO. 413 OF 2024 GULAB MANJIRAM GAYKE (DIED) THR LRS. MUKTABAI GULABRAO GAYKE AND ORS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. N.D. Raje 1/5
Advocate for Respondent No. 3 : Mr. Survase B.R. ...
24 FIRST APPEAL NO. 414 OF 2024 VIJAYKUMAR RATANLAL DARAK
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.N. Morampalle Advocate for Respondent No. 3 : Mr. Survase B.R. ...
25 FIRST APPEAL NO. 416 OF 2024 SY. CHANNU SY. LAL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.N. Morampalle Advocate for Respondent No. 3 : Mr. Survase B.R. ...
26 FIRST APPEAL NO. 417 OF 2024 KISAN BAPU SURVASE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.V. Hanged Advocate for Respondent No. 3 : Mr. Survase B.R.
CORAM
: SHAILESH P. BRAHME, J.
DATE : 18.02.2026 ORDER :
.Heard both sides.
2.
Appellants in respective first appeals are challenging common judgment and award dated 15.04.2015 passed in L.A.R. Nos. 63/2011, 73/2011, 3/2013, 55/2011, 74/2011, 65/2011, 76/2011. They are claiming 2/5
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.
3.
Learned Assistant Government Pleader for the respondent - State and the learned counsel for the acquiring body would oppose the submissions. It is submitted that the ground of parity is not attracted in the present appeal. Appellants have failed to make a case for enhancement and the appeal is liable to be rejected.
4.
In the present case, the lands from village Salegaon Tq. Selu, Dist. Parbhani, have been acquired for 'Nimna Dudhana Project'. The lands have been classified as dry lands. The classification has not been disputed by both the parties. The notification under Section 4 of the Land Acquisition Act was issued on 17.03.2005 which is relevant for determining the escalation. 5.
Following are the material particular of the appeal : FA Nos.
LAR Nos. Gat 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 Nos.
Jiray at Semi irriga ted Irri gat ed Pot kha rab 410/2024 63/2011 00-H 89-R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 00-H 89-R 411/2024 73/2011 00H 35-R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 00H 35-R 412/2024 3/2013 0H 47R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 47R 413/2024 55/2011 0H 85R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 85R 414/2024 74/2011 1H 12R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 1H 12R 416/2024 65/2011 6 & 0H 40R 0H 27R ---------- 0H 67R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 67R 3/5
417/2024 76/2011 0H 70R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 70R 6.
This Court has taken consistent view in the matters of acquisitions of lands from cluster of villages for 'Nimna Dudhana Project'. After considering all aspects of the matters, rates 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 vs. State of Maharashtra and others (supra). Appellants are entitled to receive rate of Rs. 2,500/- per Are for dry land, and escalation for 08 years 11 month and 17 days at the rate of 10% per annum. Thus the appellants are entitled to receive rate of Rs. 5,869/- per Are for dry land. The payment of interest shall be governed by the decision of the Full Bench of this Court in the matter of State of Maharashtra Vs. Kailash Shiva Rangari reported in [2016 AIR (Bom.)141].
8.
I, therefore, pass following order :
O R D E R
a.
First Appeal is allowed partly.
b.
The appellants shall be entitled to receive rate of Rs. 5,869/- per Are for dry lands.
c.
The appellants shall not be entitled to the interest and statutory benefits for the delayed period.
d.
The appellants shall be entitled to the interest under Section 28 and 34 of the Land Acquisition Act, 1894 as per Full Bench judgment in the matter of State of Maharashtra Vs. Kailash Shiva Rangari (supra).
e.
Save and except above modification, the impugned judgment and award shall stand unaltered.
f.
The appellants shall pay deficit court fees.
4/5
g.
Record and proceedings shall be sent back.
h.
Award be drawn accordingly.
( SHAILESH P. BRAHME, J.) mkd/- 5/5