[Cites 4, Cited by 0]
Bombay High Court
Hanumant Sakharam Dangat vs The State Of Maharashtra And Ors on 3 December, 2025
2025:BHC-AUG:33352
1 fa 748.21 with fa 537.22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 748 OF 2021
Dagdoba Bhimrao Sathe,
Age : 72 Years, Occu. : Agril.,
R/o Village Salgaon, Tq. Partur,
Dist. Jalna. .. Appellant
Versus
1. The State of Maharashtra,
Through the Collector, Jalna
having his office at Collector
Office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W., Jalna.
3. The Executive Engineer,
Lower Dudhna Project Division,
Selu, Dist. Parbhani, since this
department is abolished at present
Jalna Irrigation Department, Jalna,
Office at Motibagh, Jalna,
Tq. and Dist. Jalna. .. Respondents
AND
FIRST APPEAL NO. 537 OF 2022
Hanumant Sakharam Dangat,
Age : Major Years, Occu. : Agril.,
R/o Village Revalgaon, Tq. Partur,
Dist. Jalna. .. Appellant
Versus
1. The State of Maharashtra,
Through the Collector, Jalna
2 fa 748.21 with fa 537.22
having his office at Collector
Office, Jalna.
2. The Special Land Acquisition
Officer, M.I.W., Jalna.
3. The Executive Engineer,
Lower Dudhna Project Division,
Selu, Dist. Parbhani, since this
department is abolished at present
Jalna Irrigation Department, Jalna,
Office at Motibagh, Jalna,
Tq. and Dist. Jalna. .. Respondents
Shri Deepak M. Kakde, Advocate for the Appellant in both
matters.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in both
matters.
Shri Ruturaj Patil, Advocate for the Respondent No. 3 in both
matters.
CORAM : SHAILESH P. BRAHME, J.
CLOSED FOR JUDGMENT ON : 25.11.2025.
JUDGMENT PRONOUNCED ON : 03.12.2025.
JUDGMENT :
-
. Heard both sides finally at the admission stage with their
consent.
2. The appellants are claiming enhancement of compensation
and they are agrrieved by judgment and award passed by the
Reference Court in their respective reference proceedings. In
both the cases they are relying upon previous judgment rendered
by this Court. Learned counsel for the appellants has placed on
3 fa 748.21 with fa 537.22
record summery of his arguments along with chart for the ready
reference. Besides that judgment and order dated 14.11.2025
passed in First Appeal No. 2259 of 2021 by me has also been
placed on record for ready reference.
3. Learned counsel for the respondents vehemently submitted
that there is difference in the notification, location of the land
and the pattern, hence parity cannot be applied. It is further
submitted that the claim of escalation of 12% is unreasonable
and arbitrary. It is vehemently submitted that there is no
binding precedent laid down in the matter of the Central Warehousing
Corporation Vs. Thakur Dwara Kalan UI-Maruf Baraglan Wala (Dead) and others
reported in (2020) 19 SCC 236.
4. In both the matters lands are acquired for the purpos of
Nimna Dudhna Project Selu.
First Appeal No. 748 of 2021 :
In First Appeal No. 748 of 2021 land Sy./Gut No. 4/2 and
9/1 admeasuring 1H 95R and 39R respectively situated at village
Salgaon, Tq. Partur, Dist. Jalna was acquired. The notification
U/Sec. 4(1) of the Land Acquisition Act (for the sake of brevity
and convenience hereafter referred as to the "Act") was issued on
10.12.1998. The S. L. A. O. awarded rate of Rs. 600/- per R. The
Reference Court in L.A.R. No. 196 of 2011 enhanced it to Rs.
2,000/- per R. The appellant is claiming rate of Rs. 2,500/- per R
with escalation of 12% per annum.
4 fa 748.21 with fa 537.22
First Appeal No. 537 of 2022 :
In First Appeal No. 537 of 2022 land out of gut No. 29/2/3
admeasuring 2H 25R situated at village Revalgaon, Tq. Partur,
Dist. Jalna was acquired. The notification U/Sec. 4(1) of the Act
was issued on 12.07.1996. The reference Court enhanced the
rate to Rs. 2,000/- per R. The appellant is claiming rate of Rs.
2,500/- per R.
5. A consistent view has been taken by this Court which can
be reflected from the following chart that claimants are entitled
to have rate of Rs. 2,500/- per R for dry land.
Sr. Name of Sec. 4 Rate per R First Appeal
No. Village Notification granted by No.
date Hon'ble High
Court and
accepted by
acquiring
body
01. Satona (Bk) 31.03.1996 Rs. 2,500/- for 4285 of 2022
dry land
02. Raniwahegaon 23.06.1995 Rs. 2,400/- for 1958 of 2018
dry land
03. Deola 13.07.1995 Rs. 2,400/- for 2485 of 2016
dry land
6. The material placed on record indicates that the lands from
the surrounding villages were acquired for the self same project.
The rate of Rs. 2,500/- per R for dry land was awarded. I have
gone through the judgments of the coordinate benches referred in
5 fa 748.21 with fa 537.22
above chart. Relying on the same I have also taken a view vide
judgment dated 14.11.2025 in First Appeal No. 2259 of 2021
upholding the rate of Rs. 2,500/- per R with permitted increases
of escalation of 10% per annum. In view of the judgments of the
Supreme Court in the matter of Ali Mohammd Beig and others Vs. State
of J. & K reported AIR 2017 SC 1518, Huchanagouda Vs. The Assistant
Commissioner and Land Acquisition Officer and others (supra) and the
Central Warehousing Corporation Vs. Thakur Dwara Kalan UI-Maruf Baraglan
Wala (Dead) and others reported in [2023] 14 SCR 926, I am of the
considered view that the appellants are entitled to get rate of Rs.
2,500/- per R. Its matter of record that the acquiring body did
not lead any evidence before the Reference Court.
7. In First Appeal No. 748 of 2021 escalation of 12% per
annum is claimed. Considering the date of notification in the
present matters and the notification issued in above referred
matters the escalation of 10% per annum is appropriate. In that
view of the matter the appellants are entitled to have escalation
as follows
First Appeal No. 748 of 2021 :
i. First Year - 10% 2500 + 250 = 2,750.
The rate comes to Rs. 2,750/- per R for dry land.
In case of First Appeal No. 537 of 2022, there is no time gap as
such between the notifications in question and therefore, the
appellants are entitled to rate of Rs. 2,500/- per R. In view of
6 fa 748.21 with fa 537.22
above situation both the appeals are desirable to be allowed.
8. For the reasons stated above, I therefore pass following
order.
ORDER
i) First appeals are allowed partly.
ii) Impugned judgment and award passed in L.A.R. No. 196 of
2011 is quashed and set aside and the appellants shall be
entitled to have rate of Rs. 2750/- per R.
iii) Impugned judgment and award passed in L.A.R. No. 659 of
2010 is quashed and set aside and the appellants shall be
entitled to have rate of Rs. 2,500/- per R.
iv) Save and except the above modification the remaining
judgment and award shall be maintained.
v) Award be drawn accordingly.
vi) The appellants shall pay the deficit court fees.
vi) The record and proceedings shall be sent back to the
Reference Court.
[ SHAILESH P. BRAHME J. ]
bsb/Nov. 25
