Namdeo Gabbu Chavhan v. The State Of Maharashtra Through The Collector Jalna And ORS

2026:BHC-AUG:18247 1 43 & 44 fa 619.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 FIRST APPEAL NO. 619 OF 2025 Babusing Dhondiba Rathod .. Appellant

Versus

The State of Maharashtra, through the Collector Jalna and others .. Respondents Shri Shubham M. Kakde, Advocate for the Appellant. Shri C. V. Bhadane, A.G.P. for the Respondent Nos. 1 and 2. The Respondent No. 3 is served.

AND 43 FIRST APPEAL NO. 1305 OF 2025 Vitthal Dhondiba Rathod .. Appellant

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The State of Maharashtra, through the Collector Jalna and others .. Respondents WITH 43 FIRST APPEAL NO. 1306 OF 2025 Devidas Dhondiba Rathod .. Appellant

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The State of Maharashtra, through the Collector Jalna and others .. Respondents WITH 43 FIRST APPEAL NO. 1307 OF 2025 Manohar Chandu Chavhan .. Appellant

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The State of Maharashtra, through the Collector Jalna and others .. Respondents

2 43 & 44 fa 619.25 WITH 43 FIRST APPEAL NO. 1308 OF 2025 Namdeo Gabbu Chavhan .. Appellant

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The State of Maharashtra, through the Collector Jalna and others .. Respondents Shri Shubham M. Kakde, Advocate for the Appellant in all above matters.

Shri G. O. Wattamwar, A.G.P. for the Respondent Nos. 1 and 2 in all above matters.

The Respondent No. 3 is served.

AND FIRST APPEAL NO. 1287 OF 2025 Ajit Chandu Chavan .. Appellant

Versus

The State of Maharashtra, through the Collector Jalna and others .. Respondents Shri Shubham M. Kakde, Advocate for the Appellant. Smt. P. V. Diggikar, A.G.P. for the Respondent Nos. 1 and 2. The Respondent No. 3 is served.

AND FIRST APPEAL NO. 1183 OF 2026 Rajesh Chandu Chavan .. Appellant

Versus

The State of Maharashtra, through the Collector Jalna and others .. Respondents Shri Shubham M. Kakde, Advocate for the Appellant. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2. The Respondent No. 3 is served.

3 43 & 44 fa 619.25 CORAM : SHAILESH P. BRAHME, J.

DATE : 23RD APRIL, 2026.

FINAL ORDER :

.

First Appeal No. 1287 of 2025 and First Appeal No. 1183 of 2026 are not on board. On mentioning by the learned counsel for the appellants, same are taken on board.

2.

Heard both sides. Taken up for final disposal with the consent of the parties.

3.

Appellants are aggrieved by the distinct judgments and awards passed by the Reference Court in various land references awarding very inadequate compensation. The enhancement is sought on the ground of parity and especially referring to the order dated 08.04.2026 passed in First Appeal No. 3304 of 2025 passed by this Court. The enhancement is founded on rate of Rs. 4,199/- per R for dry land, Rs. 6,299/- per R for seasonally irrigated land and Rs. 8,398/- per R for irrigated land awarded in the above referred first appeal.

4.

First Appeals are contested by the respondents on various grounds. It is submitted that no case is made out for further enhancement. There is no similarity of the lands. The ground of parity cannot be pressed into service. The appeals are liable to be dismissed.

4 43 & 44 fa 619.25 5.

Following are the relevant details.

F.A. No.

LAR No.

Gut No.

Total Acqu ired area Notificatio n 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 Jir aya t Se mi irri gat ed Irr ig at ed Po t kh ar ab 619/2025 420/2011 00H 61R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 2200/- per R for dry R 1305/2025 421/2011 00H 60R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 3300/- per R for semi irrigated OH R 1308/2025 413/2011 00H 39R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 2200/- per R for dry 0H R 1307/2025 493/2011 00H 51R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 2200/- per R for dry 0H R 1306/2025 412/2011 00H 90R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 3300/- per R for semi irrigated 0H R 1287/2025 414/2011 00H 51R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 3300/- per R for semi irrigated 0H R 1183/2026 417/2011 00H 50R 06.01.2009 30.11.2010 Rs. 1700/- per R dry Rs. 3300/- per R for semi irrigated 0H R 6.

The lands of the appellants from village Belora (Tanda), Tq. Mantha, Dist. Jalna stood acquired for percolation tank No.

04. The notification U/Sec. 4 of the Land Acquisition Act was issued on 06.01.2009. The rate awarded by the Special Land Acquisition Officer is Rs. 1,700/- per R considering the lands as dry lands. Reference Court enhanced the rate at Rs. 2,200/- per R for dry land and Rs. 3,300/- per R for semi irrigated land by classifying the lands. The classification of lands is not in dispute

5 43 & 44 fa 619.25 in the present appeals.

7.

This Court had an occasion to deal with similar type of acquisition from self same village in First Appeal No. 3304 of 2025. Vide order dated 08.04.2026, considering the rate fixed in L. A. R. No. 334 of 2014, this Court fixed the rate at Rs. 4,199/- per R for dry land and Rs. 6,299/- per R for semi irrigated land enhanced the compensation. I have gone through the order placed on record. The appeals are squarely covered by the view taken by this Court. Appellants are entitled to the rate at Rs. 4,199/- per R for dry land, Rs. 6,299/- per R for seasonally irrigated land and Rs. 8,398/- per R for irrigated land. 8.

In view of the judgment of the Supreme Court in the matters of Huchangouda Vs. Assistant Commissioner and Land Acquisition Officer reported in (2020)19 SCC 236 and Ali Mohammad Beigh and others Vs. State of Jammu and Kashmir reported in (2017) 4 SCC 717, they are entitled to escalation at 10% per annum. In First Appeal No. 3304 of 2025, notification U/Sec. 4 of the L. A. Act was issued on 14.01.2008. Notification U/Sec. 4 of the L. A. Act in the present matter is issued on 06.01.2009. In that view of the matter, they are entitled to have escalation for one year with cumulative effect. The rate works out to be Rs. 4,619/- per R for dry land and Rs. 6,929/- per R for semi irrigated land.

9.

I, therefore, pass following order.

6 43 & 44 fa 619.25

O R D E R

a.

The appellants shall be entitled to receive Rs. 4,619/- per R for dry land and Rs. 6,929/- per R for semi irrigated land, considering the nature of their lands classified by the Reference Court.

b.

The appellants shall not be entitled to the interest and statutory benefits for the delayed period.

c.

The appellants shall be entitled to receive 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 reported in [2016 AIR (Bom.)141].

d.

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

e.

Record and proceeding be sent back to the Reference Court, if any.

f.

The appellants shall pay deficit court fees, if any. g.

Award be drawn accordingly.

[ SHAILESH P. BRAHME J. ] bsb/April 26