Rajaram Baburao @ Bapurao Avchar And ORS v. The State Of Maharashtra, Through, Collector Jalna And ORS

2026:BHC-AUG:4325 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 FIRST APPEAL NO. 142 OF 2026 RAJARAM BABURAO @ BAPURAO AVCHAR AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR JALNA AND ORS ...

Mr. V. D. Bhise h/f. Mr. A. H. Koralkar, Advocate for Appellants Mr. S. N. Morampalle, AGP for Respondent Nos.1 and 2 Mr. Ruturaj Patil, Advocate for Respondent No.3/acquiring body ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 28.01.2026 PER COURT :- .

Heard both sides.

2.

Appellants are challenging judgment and award dated 27.10.2014 passed in LAR No.487/2010. 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. 3.

Learned counsel for the respondents would oppose the submissions. It is submitted that the ground of parity is not attracted in the

( 2 ) appeal. Appellants have failed to make a case for enhancement and the appeal is liable to be rejected.

4.

In the present case, the land from village Vidoli, Taluka Mantha, District Jalna has been acquired for 'Nimna Dudhana' project. The land has been classified as dry land. The classification has not been disputed by both the parties. The notification under Section 4 was issued on 07.10.1999 which is relevant for determining the escalation.

5.

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

LAR No.

Gut No.

Total Acquired Notification Award u/s.

SLAO rate as Ld.

Reference Type of land Ld. Reference u/s.4 11 date Court awarded area per award Court enhanced rate per R Jirayat Semi irrigated Irrigated 142/2026 487/2010 02H 30R 07.10.1999 24.06.2002 Rs.565/- per R for jirayat 1,300/- dry land 02H 30 R 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).

( 3 ) Appellants are entitled to receive rate of Rs.3,515/- per Are for dry land and escalation for 3 years 7 months 7 days years 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 :

O R D E R

a.

First Appeal is allowed partly.

b.

The appellants shall be entitled to receive rate of Rs.3,515/- per Are for dry land.

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 of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].

e.

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

f.

Record and Proceeding be sent back to the Reference Court.

g.

The appellants shall pay deficit court fees.

h.

Award be drawn accordingly.

( SHAILESH P. BRAHME, J. ) PRW