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Bombay High Court
Vitthal Babasaheb Waghmare And Ors vs The State Of Maharashtra And Ors on 13 January, 2026
2026:BHC-AUG:1502
1 9-FA.1900-21 & ors (9-10).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 1900 OF 2021
HANUMAN DEVRAO WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA AND ORS
WITH
FIRST APPEAL NO. 1902 OF 2021
VITTHAL BABASAHEB WAGHMARE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
AND
FIRST APPEAL NO. 1901 OF 2021
VITTHAL BABASAHEB WAGHMARE AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellants in all FA : Mr. Koralkar Arun H.
AGPs for Respondents-State : Mr. N. D. Raje, Mr. S. V. Hange, respectively.
Advocate for Respondent No.3 : Mr. S. G. Karlekar - Absent.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 13.01.2026
FINAL ORDER :-
1. Taken up for final disposal with the consent of the parties.
2. Appellants are challenging judgment and award passed by Reference
Court in distinct references. The notification under Section 4 and award are
common. The lands are acquired for Nimna Dudhana Project. Appellants
are relying on consistent view taken by this Court in granting enhancement
by extending the benefit of escalation. They are claiming escalation @ 10 %
per annum for ten (10) years.
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2 9-FA.1900-21 & ors (9-10).odt
3. Appeals are contested by the respondents. It is submitted that no
case is made out for enhancement of compensation. A reasonable view has
been taken by the Reference Court.
4. Following are the material particulars in the present first appeals :
Sr. First L.A.R Gut Total U/sec.4 U/sec.11 SLAO rate per R Reference Type of land reference court awarded
No. Appeal . No. No. Acquired notification Award date as per Award Court
No. Area date enhanced
rate per R Jirayat Semi Irrigated Pot
Irrigated Kharab
9 1900/ 812/ 27 03 H 25.08.2006 25.10.2006 Rs.7,23,360/- Rs.3,040/- 01 H 01 H 00 01 H 00
2021 2011 98 R for total per R. for 98 R R R
acquired land Jirayat
Land
1902/ 879/ 29/3 03 H 25.08.2006 25.10.2006 Rs.5,92,995/- Rs.4,560/- 00 H 00 H 80 01 H 19 00 H 21
2021 2010 11 R for total per R. for 91 R R R R.
acquired land Semi
Irrigated
Rs.6,080/-
10 1901/ 870/ 28 07 H 25.08.2006 25.10.2006 Rs.13,15,560/- per R. for 04 H 01 H 33 01 H 66 00 H 12
2021 2010 76 R for total Irrigated 65 R R R R
acquired land
Rs.1,520/-
per R. for
Pot Kharab
5. The lands from village Nagapur, Taluka Partur, District Jalna have
been acquired by the respondents. The classification of the lands referred
above has not been challenged by the respondents. They did not lead any
evidence before the Reference Court. The notification under Section 4 was
issued on 25.08.2006 and award was passed on 25.10.2006. The rate of
Rs.2500/- per R. as it was fixed in the matters when lands from village
Satona were acquired is treated to be the bench mark. They are claiming
escalation for ten (10) years.
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3 9-FA.1900-21 & ors (9-10).odt
6. This Court has taken consistent view in enhancing the compensation
in the first appeals preferred from village Satona and surrounding villages
which form cluster. In all cases, the benefit of escalation with cumulative
effect is admissible. The present appeals are squarely covered by following
judgments.
(i) Datta Eknath Manwatkar Vs. The Special Land Acquisition
Officer, Jalna in FA.No.4285 of 2022.
(ii) Shashikala Bapurao Manwatkar Vs. The State of Maharashtra
and others in FA.No.1958 of 2018 & another.
(iii) Pralhad Vs. State of Maharashtra in FA.No.1778 of 2024 &
others.
(iv) Abdul Hussain FA.No.354 of 2022.
7. The appellants are entitled to receive rate of Rs.6,477/- per R. for dry
land, Rs.12,995/- per R. for irrigated land, Rs.9,715/- for semi irrigated land
and Rs.3,238/- for Pot Kharab land after adding the benefit of escalation. I,
therefore, pass following order :
ORDER
(i) First appeals are allowed partly.
(ii) Appellants shall be entitled to receive rate of Rs.6,477/- per R.
for dry land, Rs.12,995/- per R. for irrigated land, Rs.9,715/- for
semi irrigated land and Rs.3,238/- for Pot Kharab land as the
case may be in the respective appeals.
4 9-FA.1900-21 & ors (9-10).odt
(iii) The appellants shall not be entitled to interest and statutory
benefits for the delayed period.
(iv) The appellants shall be entitled to interest under Section 28 and
34 from the date of award as per law laid down in the judgment
of Full Bench in case of State of Maharashtra Vs. Kailash Shiva
Rangari [2016 AIR (Bom.) 141].
(v) Save and except above modification. Impugned judgment and
award passed by Reference shall stand confirmed.
(vi) The appellants shall pay deficit court fees, if any.
(vii) Record and proceeding be sent back to the concerned Court, if
any.
(viii) Award be drawn accordingly.
(SHAILESH P. BRAHME, J.)
...
vmk/-
