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Bombay High Court
Nayabrao Shrirangrao Nirwal vs The State Of Maharashtra And Ors on 29 January, 2026
2026:BHC-AUG:3735
FA 173 22 174 22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 173 of 2022
NAYABRAO S/O SHRIRANGRAO NIRWAL
VERSUS
THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR JALNA
AND OTHERS
...
Advocate for Appellants : Mr. K.M. More a/w Mr. Firoj Ahmad Shirpurkar
A.G.P for Respondent/State : Mr. S.N. Morampalle
Advocate for Respondent-Acquiring Body : Mr. Ruturaj Patil
...
WITH
FIRST APPEAL NO. 174 of 2022
RADHAKISHNAN UTTAMRAO NIRWAL
VERSUS
THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR JALNA
AND OTHERS
...
Advocate for Appellants : Mr. K.M. More a/w Mr. Firoj Ahmad Shirpurkar
A.G.P for Respondent/State : Mr. S.N. Morampalle
Advocate for Respondent-Acquiring Body : Mr. S.C. Arora
CORAM : SHAILESH P. BRAHME, J.
RESERVED ON : 22.01.2026
PRONOUNCED ON : 29.01.2026
PER COURT :
Heard both sides finally with their consent.
2. The appellants are taking exception to the judgment and award
passed by the Reference Court in L.A.R. No. 1005/2010 and L.A.R. No.
1077/2010. They are aggrieved by rate of Rs. 2400/- per Are awarded to
their acquired lands and the compensation for the fruit bearing trees.
3. The learned counsel Mr. More appearing for the appellants submits
that the lands are treated to be irrigated land but only rate of Rs. 2400/- per
Are is awarded ,which should be Rs. 5500/- per Are. It is submitted that the
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appellants are entitled to the benefit of escalation. It is further submitted
that the Reference Court arbitrarily awarded reduced compensation to the
trees. The valuation report should have been accepted in awarding the
compensation. The number of trees have not been disputed by the
respondents. To make out a case of parity, reliance is placed on number of
judgments.
4. The respondents would support impugned judgment and award. It is
submitted that in couple of matters, in which the lands from village Nansi
Tq. Mantha, District Jalna, were acquired. The matters had reached High
Court and rate of Rs. 2400/- per Are was accepted for dry land. It is further
submitted that the Reference Court by a reasoned order arrived at quantum
for compensation to the trees, which cannot be faulted. The report of the
Private Valuer cannot be accepted.
5. The lands from village Nansi Tq. Mantha have been acquired for
Nimna Dudhna Project. The notification under Section 4 was issued in both
the appeals on 20.09.1997. Following are the material particulars:
Sr. First L.A.R. Gat No. Total U/sec.4 U/sec.11 SLAO rate Reference Type of land
No. Appea No. area notification Award date per R as per Court reference
l No. date Award enhanced court
rate per R awarded area
in R
Dry land
1) 173/ 1005/ 45/3 2H 97R 20.09.1997 20.12.2001 Rs. 1192/ Rs. 2400/- 1H 12 R with
2022 2010 per R for per R for Mosambi tree
irrigated irrigated. irrigated land
Rs. 195/- per Rs. 1200/- 1H 72R
R for Pot- per R for irrigated land
kharab pot kharab
13 R pot
kharab
2) 174/ 1077/ 10/3 3H 32R 20.09.1997 20.12.2001 Rs. 1338/- 2400/- per 1H 87R
2022 2010 per R for R for irrigated land
irrigated land irrigated
land 1H 45 R DAV
land
6. In both appeals the classification of the lands have not been
challenged. In some part of the land trees are found. Separate
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compensation is awarded to the land and the trees. In First Appeal No.
173/2022, 1-H 72-R land is treated to be irrigated land and 1-H 12-R land is
having fruit bearing trees. In First Appeal No. 174/2022 1-H 87-R is treated
to be irrigated land and 1-H 45-R is having fruit bearing trees. The
Reference Court enhanced the compensation for the lands to the tune of Rs.
2400/- per Are.
7. Following is the status of the trees and the rate :
IN FIRST APPEAL No. 173/2022
Sr. Name of trees No. of SLAO rate Valuation report Reference Court 80% of
No. trees per tree per Tree (Exh. granted rate per valuation report
41/A) Trees
1) Guava (Peru) 1 990/- 4613/- 1692/- 3690.40
2) Mango 1 7129 28336/- 23900/- 22668.00
3) Bor 29 280 3423/- 3010/- 2738.40
3) Mosambi 311 1072 5863/- 3152/- 4690.40
IN FIRST APPEAL 174/2022
Sr. Name of No. SLAO rate per tree Valuation Reference Court 80% of
No. trees of report per granted rate per valuation report
trees Tree (Exh. Trees
41/A)
1) Bor 65 Rs. 462/- for 15 trees Rs. 3408/- Rs. 1530/- per Rs. 2726.40
Rs. 357/- for 10 trees Tree
Rs. 264.45 for 40 trees
2) Mango 2 Rs. 972/- for 1 tree Rs. 40214/ Rs.40214/- Rs. 32171/-
Rs. 112 for 1 tree
3) Mosambi 397 Rs. 1278.97 for 347 trees Rs. 5863/- Rs. 3436/- Rs. 4690.4
Rs. 57/- for 50 trees
4) Guava 17 Rs. 990/- per tree Rs. 4613/- Rs. 2939/- Rs. 3690.4
5) Sagvan 491 Rs. 38/- per tree Rs. 2700/- Rs. 2340/- Rs. 2160/-
8. Number of trees have not been disputed by the respondents. The
private valuer was examined and his reports were produced at Exh. 41A and
46A in the respective appeals. The Reference Court conducted independent
analysis and arrived at the valution for the trees, which is lesser than the
report of valuations. In First Appeal No. 173/2022 the appellant is claiming
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rate of Rs. 4613/- per tree for guava tree, whereas the Reference Court
arrived at rate of Rs. 1692/- per Tree. For Mosambi trees the valuer has
arrived at rate of Rs. 5863/- per tree, whereas Reference Court arrived at Rs.
3152/- per tree.
9. In First Appeal No. 174/2022, asper the Private Valuer, rate for Bor
trees is 3408/- per tree, for Mosambi Rs. 5863/- per tree and for Peru
(Guava) Rs. 4613/- per tree. The Reference Court arrived at rate of Rs.
1530/- per tree for Bor, Rs. 3436/- for Mosambi and Rs. 2939/- for Peru
(guava). For these particular fruit bearing trees the appellants are claiming
enhancement and pressing for acceptance of the rate to 80% of the private
valuers.
10. I have gone through the impugned judgments. The reports of the
private valuers are taken into consideration by the Reference Court. Those
reports are not altogether discarded. The appellants do not have objection
for the rate arrived at to the extent of few of the trees. The grievance is in
respect of few trees as mentioned above. The Reference Court has given
reasons for arriving at independent calculation in both the matters. I do not
find any arbitrariness in it. In present matter the report of the private valuer
can neither be accepted as they are nor can they be discarded. The
Reference Court has arrived at plausible and reasonable findings for
awarding compensation for the trees. No case is made out for granting 80%
of the valuation of the private valuers.
11. My attention is adverted to the judgment of the Supreme Court in the
matter of Chinda Fakira Patil (D) through L.Rs. Vs. The Special Land
Acquisition Officer, Jalgaon; (2011) 10 SCC 787. I have gone through
paragraph no. 14 of the judgment. That cannot be said to binding precedent
for accepting report of private valuer to 80%. In the matter at hand reasons
are assigned by the Reference Court as to why valuers' report cannot be
accepted as they are. This judgment will not enure to the benefit of the
appellants.
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12. Similarly, in case of Narayan Yashwanta Kapse Vs. The State of
Maharashtra and others; 2021(2) BomCR 129, the coordinate bench in
those particular facts and circumstances of the case accepted 80% of the
valuation made by the private valuer. The judgment will not help the
appellants.
13. This Court has been taking consistent view in awarding rate of Rs.
2500/- per Are for dry land, in case, land is affected by Nimna Dudhna
Project. Relying upon various previous judgments, this Court upheld the
said rate as well as benefits of escalation while deciding group of appeals in
First Appeal No 1778/2024 Pralhad Annasaheb Nirwal Vs. The State of
Maharashtra and others and other connected matters. I propose to adopt
the same course. The appellants are entitled to receive escalation for one
year at the rate of 10% per annum. The rate for dry land would come to Rs.
2500/- + 250/- = Rs. 2750/- per Are. Undisputedly, the lands are irrigated
lands and therefore the appellants shall receive rate of Rs. 5500/- per Are.
14. The submissions of the respondents that in Lok Adalat rate of Rs.
2400/- per Are was fixed and same would be awarded, has no merit. That
was a rate amicably settled between the parties in those appeals. In the
present matter, the appellants on merits have made out a case for receiving
Rs. 5500/- per Are for their irrigated lands. Hence, I pass following order.
ORDER
(i) First Appeals are allowed partly.
(ii) The appellants shall receive the compensation at the
rate of Rs. 5500/- per Are for the acquired land.
(iii) The compensation awarded for the trees is upheld.
(iii) The appellant shall not be entitled to claim interest
and statutory benefits for the delayed period.
(iv) The appellant shall be entitled to interest U/Sec. 28
and 34 of the L. A. Act is payable from the date of final
FA 173 22 174 22.odt
award as per the judgment in the matter of State of
Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4)
All MR 513.
(v) Save and except above, rest of the impugned
judgment and award shall stand unaltered.
(vi) The appellant shall pay deficit court-fees.
(vii) Award be drawn accordingly.
(viii) Record and proceedings be sent back to the
concerned Court.
( SHAILESH P. BRAHME, J.)
mkd/-
