Sambhaji Shivaji Ambhure Vs the State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2025)

Sambhaji Shivaji Ambhure Vs the State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

First appeal allowed partly: compensation enhanced to Rs. 1,728/- per R with interest under Sections 28 and 34 of the L. A. Act from the date of award; no interest or statutory benefits for the delayed period; impugned judgment and award otherwise left unaltered; appellant to pay deficit court fees; award to be drawn up and record sent back.

Issue for consideration

Whether the appellant is entitled to compensation at the rate of Rs. 1,728/- per R on parity with First Appeal No. 197 of 2025 and connected matters, despite the Reference Court having awarded Rs. 488/- per R for his dry land at village Shristi. +2 more

Court's answer

Merely because the Reference Court awarded a different rate cannot be a ground to deny parity; lands from the self same village (Shristi) acquired for the same project (Kasura Brahat Project) attract the same rate, the acquiring body having led no evidence before the Reference Court.

Ratio / Principle

Guided by Ningappa Thotappa Angadi (Died) through L.Rs. Vs. Special Land Acquisition Officer, (2020) 19 SCC 599 and Huchanagouda Vs. The Assistant Commissioner and Land Acquisition Officer and others, (2020) 19 SCC 234, the self same rate is to be awarded when lands from the same village and for the same project are acquired; the appellant is entitled to compensation at the rate of Rs. 1,728/- per R.

Key takeaways

Interest on the compensation shall be payable from the date of the award.ratio¶22
The appellant shall not be entitled to interest and statutory benefits for the delayed period.ratio¶28

Detailed headnote1 paragraphs

Land acquisition - Enhancement - Parity. The appellant's dry land at village Shristi, acquired for Kasura Brahat Project, was compensated at Rs. 488/- per R by the Reference Court in L.A.R. No. 554 of 1998 (judgment and award dated 06.09.2007), under challenge in First Appeal No. 4215 of 2022. Relying on the common judgment and award dated 29th April, 2025 of a Coordinate Bench in First Appeal No. 197 of 2025 and connected matters (rate of Rs. 1,728/- per R), and guided by Ningappa Thotappa Angadi (Died) through L.Rs. Vs. Special Land Acquisition Officer, (2020) 19 SCC 599 and Huchanagouda Vs. The Assistant Commissioner and Land Acquisition Officer and others, (2020) 19 SCC 234, the High Court (Shailesh P. Brahme, J.) held that a different Reference-Court rate is no ground to deny parity where lands from the same village are acquired for the same project, the acquiring body having led no evidence before the Reference Court. The appellant was held entitled to Rs. 1,728/- per R, having voluntarily given up the claim for escalation. First appeal allowed partly; interest payable under Sections 28 and 34 of the L. A. Act from the date of award; no interest or statutory benefits for the delayed period; appellant to pay deficit court fees; impugned award otherwise unaltered. (Decision dated 17.12.2025; neutral citation 2025:BHC-AUG:35774.)

2025:BHC-AUG:35774

1 902 fa 4215.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

FIRST APPEAL NO. 4215 OF 2022

Sambhaji Shivaji Ambhure .. Appellant

Versus

The State of Maharashtra and others .. Respondents

Shri V. D. Bhise, Advocate h/f Shri Vijay B. Jogdand Patil Advocate for the Appellant.

Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2. Shri Sudhir D. Bhalerao, Advocate for the Respondent No. 3.

CORAM : SHAILESH P. BRAHME, J. DATE : 17TH DECEMBER, 2025.

FINAL ORDER :

. Heard both sides finally.

Appellant is challenging judgment and award dated 06.09.2007 passed by the Reference Court in L. A. R. No. 554 of 1998. Learned counsel has placed on record a chart giving material particulars of the case and common judgment and award passed by this Court on 29^th April, 2025 in First Appeal No. 197 of 2025 and connected matters to claim the parity. It is further submitted that appellant is entitled to receive rate of Rs. 1,728/- per R. His land is from village Shristi and it is dry land.

The claim is contested by the respondent – acquiring body on the ground that the Reference Court had awarded rate of Rs.

2 902 fa 4215.22

660/- per R in case of the acquisition of the lands in First Appeal No. 197 of 2025 and corrected matters. Whereas in the present case Reference Court awarded rate of Rs. 488/- per R for dry land, which discloses difference in nature of the land. It is further contended that the facts and circumstances of L. A. R. No. 272 of 2014 are not identical with the present case.

In peculiar circumstances and as rate was acquiesced by the Acquiring Body, the Coordinate Bench of this Court proceeded to fix the rate of Rs. 1,728/- per R. Learned counsel for the acquiring body submits that the appellant has not discharged the burden of proving the similarity and, therefore, in the absence of any independent evidence no enhancement can be granted.

In the case at hand land from village Shristi has been acquired for Kasura Brahat Project. In the common judgment dated 29^th April, 2025 lands from self same village were acquired for the same project. Merely because the Reference Court awarded different rate cannot be a ground to deny the parity. The acquiring body did not lead evidence before the Reference Court.

This Court is guided by the law laid down by Ningappa Thotappa Angadi (Died) through L.Rs. Vs. Special Land Acquisition Officer reported in (2020) 19 SCC 599 and Huchanagouda Vs. The Assistant Commissioner and Land Acquisition Officer and others reported in (2020) 19

3 902 fa 4215.22

SCC 234 to award the self same rate when lands from the same village and for same project are acquired. He is entitled to receive compensation at the rate of Rs. 1,728/- per R. The appellant has voluntarily given up claim for escalation.

Needless to mention that interest shall be payable from the date of award.

I therefore pass following order.

O R D E R

A. First appeal is allowed partly.

B. The appellant shall be entitled to receive rate of Rs. 1,728/per R.

C. The appellant is entitled to receive interest U/Sec. 28 and 34 of the L. A. Act. from the date of award.

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

E. Save and except above, impugned judgment and award passed by the Reference Court shall remain unaltered.

F. Appellant shall pay deficit Court fees.

4 902 fa 4215.22

G. Award be drawn up accordingly.

H. Record and proceeding shall be sent back.

[ SHAILESH P. BRAHME J. ]

bsb/Dec. 25