Partly allowed¶24

Manohar Kedari Sawant v. the State of Maharashtra and Another

Bombay HC24 Sept 2025FA/766/2013

Case brief

AI extract

What is this about?

Enhancement of land acquisition compensation; parity with Government-accepted rate of Rs.20 per sq. foot in companion LAR No.311/2005 (Omerga); N.A. potentiality deduction from sale instance Exh.34 (Rs.25 per R.); notification u/s 4 Land Acquisition Act dated 18.08.1994; earthquake-affected rehabilitation, Village Kavatha, Omerga, Osmanabad; Reference Court rate Rs.42,831/- per acre; fresh award and statutory benefits; Kishore C. Sant, J.; Aurangabad Bench, 2025.

What did the court decide?

Appeal partly allowed; claimant entitled to compensation @ Rs.20 per sq. foot; fresh award to be passed; statutory benefits from the date of award; enhanced amount to be deposited in this Court within eight weeks; pending civil applications disposed. ¶24

Manohar Kedari Sawant Vs the State of Maharashtra and Another — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the original claimant (appellant) is entitled to enhancement of the compensation awarded by the Reference Court in LAR No.179/2005. +1 more

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Court's answer

A case is made out to partly allow the appeal; the claimant is entitled to compensation @ Rs.20 per sq. foot, a fresh award is to be passed, statutory benefits run from the date of award, and the enhanced amount is to be deposited in Court within eight weeks.

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Ratio / Principle

The sale instance at Exh.34 showed land consideration of Rs.25 per R. (coming nearly to Rs.25 per sq. foot); since compensation is claimed in the unit of per sq. foot, the land has N.A. (non-agricultural) potentiality, and therefore a deduction is required, which brings the rate to Rs.20 per sq. foot.

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Key takeaways

After the deduction, the rate works out to Rs.20 per sq. foot, and that rate is already accepted by the Government; this Court accepts the rate of Rs.20 per sq. foot.ratio¶21

Detailed headnote1 paragraphs

Land acquisition compensation enhancement — First Appeal No. 766 of 2013 (Bombay HC, Aurangabad Bench, Kishore C. Sant, J., 24 September 2025). Appellant's land at Village Kavatha, Tq. Omerga, Dist. Osmanabad, acquired (notification under Section 4, Land Acquisition Act, dated 18 August 1994) for rehabilitation of earthquake-affected persons; award dated 23 April 1996 at Rs.25,000/- per hectare. In LAR No.179/2005 the Reference Court enhanced compensation to Rs.42,831/- per acre; claimant appealed seeking Rs.20 per sq. foot, the rate accepted by the Government in companion LAR No.311/2005 (same acquisition proceeding/project) vide letter dated 9 January 2019. Relying on sale instance Exh.34 (Rs.25 per R., nearly Rs.25 per sq. foot) and holding that a per-sq.-foot claim shows N.A. potentiality warranting deduction, the Court fixed compensation at Rs.20 per sq. foot, partly allowed the appeal, directed a fresh award with statutory benefits from the date of award, and ordered deposit of the enhanced amount within eight weeks.

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( 1 ) 909-FA-766-2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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909 FIRST APPEAL NO. 766 OF 2013

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Manohar Kedari Sawant VERSUS

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The State Of Maharashtra And Another

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Mr. Vivekanand V. Ingale, Advocate for Appellant. Smt. Chaitali Chaudhari-Kutti, AGP for Respondent-State.

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CORAM : KISHORE C. SANT, J. DATE : 24^th SEPTEMBER 2025.

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PC :-

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Heard the learned Advocate for the appellant and the learned AGP for Respondent-State.

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This Appeal is filed by the original-claimant for enhancement in the amount of compensation awarded to the claimant in Land Acquisition Proceedings. The land of the appellant came to be acquired for rehabilitation of earthquake affected persons from Village Kavatha Tq. Omerga Dist. Osmanabad. A notification under Section 4 of the Land Acquisition Act was issued on 18^th August 1994. Award was passed

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Ethape

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on 23^rd April 1996 granting compensation at the rate of Rs.25,000/- per

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Hector. The appellant filed Reference and claimed compensation at the rate of Rs.50 per sq. foot by filing LAR No.179/2005. The learned Reference Court by way of impugned Judgment and Award enhanced the amount of compensation by giving rate of Rs.42,831/- per Acre.

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The original claimant has therefore filed this appeal for enhancement in the amount of compensation. The compensation now claimed is Rs.21 sq. foot. It is mainly submitted by the learned Advocate that another land acquisition reference bearing No.311/2005, arising out of the same acquisition proceeding for the same project wherein the learned Civil Judge, Senior Division, Omerga enhanced the compensation by considering the rate of Rs.20 per sq. foot. It is pointed out that the Government acquiesced to the said award. A letter is produced on record on 9^th January 2019 issued by Solicitor (M.L.) cumDeputy Secretary to the Government. The learned Advocate for the appellant thus submits that once the rate of Rs.20 per sq. is accepted by the Government, there is no reason to give any different rate to the land

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Ethape

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of the present appellant which is acquired under the same project by way of the same proceeding.

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The learned AGP vehemently opposed this appeal. She submits that the said acquiescence was only for the LAR No. 311/2005 and it cannot be generalized. Every land is distinct and the situation is also different. In the present case, she submits that the learned trial Judge has rightly appreciated the evidence and has awarded the rate. The learned SLAO, in fact, had considered all the relevant factors and had granted the rate by considering the rate to be Rs.42,000/- hectare that comes to Rs.10,000/- per Acre. She thus prays for rejection of the appeal.

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This Court has gone through the judgment and award. It is seen that there was sale instance produced on record at Exh. 34 where the land consideration was shown to be Rs.25 per R., that would come nearly to Rs.25 per sq. foot. This Court finds that even if that sale deed is accepted, it is clear that when the land compensation is claimed in the unit of per sq. foot. It shows that there is N.A. potentiality, and therefore

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Ethape

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the said deduction is required to be made. If that deduction is made the

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rate would come to Rs. 20 pr sq. foot. and that rate is already accepted by the Government. This Court, therefore, does not find any difficulty in

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accepting the rate to be Rs. 20 per sq. foot. Consequently, this Court finds that a case is made out to partly allow the appeal. Hence, the following order:

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ORDER

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