Achutrao Sahebrao Kavle vs the State of Maharashtra through the Collector Jalna and Ors. — Bombay HC (2026) — LawSathi Research

Achutrao Sahebrao Kavle vs the State of Maharashtra through the Collector Jalna and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

First Appeals allowed partly: enhanced compensation rate of Rs.2400/- per Are awarded to the appellants; interest under Section 28 and 34 of the Act as per the full Bench Judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]; no interest or statutory benefits for the delayed period; impugned judgment and award otherwise unaltered; appellants to pay deficit court fees; R and P to be sent back to the Reference Court.

Issue for consideration

Whether the appellants are entitled to enhancement of compensation to Rs.2400/- per Are on the ground of parity with the rate awarded in the order dated 05.01.2026 in First Appeal No.1896 of 2021. +1 more

Court's answer

These appeals can be decided by common order as they are squarely covered by the consistent view taken by this Court, one such order being that dated 05.01.2026 in First Appeal No.1896 of 2021.

Ratio / Principle

On the ground of parity, the appellants are awarded compensation at the rate of Rs.2400/- per Are.

Key takeaways

The appellants are entitled to interest under Section 28 and 34 of the Act as per the full Bench Judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].ratio¶61
The appellants are not entitled to the interest and statutory benefits for the delayed period.ratio¶63
Save and except the above modifications, the impugned judgment and award passed by the Reference Court shall stand unaltered.ratio

Detailed headnote1 paragraphs

Common order of the Bombay High Court (Aurangabad Bench), Shailesh P. Brahme, J., dated 17.01.2026, partly allowing six first appeals (F.A. Nos. 2037, 2150, 2486, 3235, 3236 and 3237 of 2025). Lands at village Kedarwakadi, Taluka Mantha, District Jalna, acquired for the “Nimmna Dudhana” project (notification dated 13.05.1995; award dated 31.03.1999), had drawn Reference Court compensation of Rs.1500/- per Are for jirayat land and Rs.750/- per Are for pot kharab land. Holding the appeals squarely covered by the consistent view of this Court in the order dated 05.01.2026 in First Appeal No.1896 of 2021, the Court awarded, on parity, a uniform rate of Rs.2400/- per Are, with interest under Section 28 and 34 of the Act as per the full Bench Judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141], denied interest and statutory benefits for the delayed period, left the impugned judgment and award otherwise unaltered, directed payment of deficit court fees and return of R and P to the Reference Court.

2026:BHC-AUG:2193

( 1 ) FA-2037-25+++

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

22 FIRST APPEAL NO. 2037 OF 2025

DADARAO GANPATRAO KAVLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND

ORS.

AND

23 FIRST APPEAL NO. 2150 OF 2025

DATTARAO DADARAO KAVALE DIED THR LRS SARUBAI AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND

ORS.

AND

25 FIRST APPEAL NO. 3235 OF 2025

ANNA NARAYAN KAVALE DIED THR LRS DNYNOBA ANNA KAVLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND

ORS.

AND

26 FIRST APPEAL NO. 3236 OF 2025

ACHUTRAO SAHEBRAO KAVLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND

ORS.

AND

27 FIRST APPEAL NO. 3237 OF 2025

GANPAT GOVINDRAO KAVLE (DIED) THR. LRS SUNDAR GANPAT KAVALE

AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

AND

( 2 ) FA-2037-25+++

74 FIRST APPEAL NO. 2486 OF 2025

SANJIVANI BABASAHEB KAVHALE (DIED) THR. LRS PRADIP BABASAHEB KAVHALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Shri. Kumar Gaurav More a/w. Shri. Firoj Ahmad Shirpurkar, Advocate for Appellants in all F.A.

Shri. S. V. Hange, Shri. N. D. Raje and Shri. S. N. Morampalle, AGPs for Respondent-s/State in respective F.A.

Mrs. Kalpalata Patil Bharaswadkar, Shri. R. A. Tambe, Shri. S. B. Kade, Advocate for Acquiring Body in respective F.A.

CORAM : SHAILESH P. BRAHME, J. DATE : 17.01.2026

FINAL ORDER :-

. Heard both sides finally.

These appeals can be decided by common order as they are

squarely covered by the consistent view taken by this Court. One such order dated 05.01.2026 passed in First Appeal No.1896 of 2021 is placed on record.

On the ground of parity, the appellants are claiming enhancement to Rs.2400/- per Are.

Following are the material particulars of the appeals :

( 3 ) FA-2037-25+++

F.A.No.	LAR No.	Gut No.	Area	Land type	Date of notification u/s. 4	Date of award u/s.11	Rate granted by SLAO	Rate awarded by Reference Court
2037 OF 2025	149/2012	74A 70A	0H, 97R&0H, 03R pot kharab 1H, 69R	97R jirayat 03 R pot kharab jirayat	13/05/1995	31/03/1999	623/R for jirayat 585/R for pot kharab	1500/-R for jirayat 750/- for pot kharab
2150 OF 2025	150/2012	24/1-A	2H, 25R	jirayat	13/05/1995	31/03/1999	531/R for jirayat	1500/-R for jirayat
3235 OF 2025	166/2012	1/1-C	1H, 01R	jirayat	13/05/1995	31/03/1999	625/R for jirayat	1500/-R for jirayat
3236 OF 2025	151/2012	1/3A	1H, 08R& 08R pot kharab	1h, 08R & 08R pot kharab	13/05/1995	31/03/1999	587 for jirayat	1500/-R for jirayat 750/- for pot kharab
3237 OF 2025	150/2012	74/A	1H, 75R& 03R pot kharab	1H, 75R& 03R pot kharab	13/05/1995	31/03/1999	630/R for jirayat	1500/-R for jirayat
2486 OF 2025	167/2012	22/2	1H, 93R& 09R pot kharab	1H, 93R& 09R pot kharab	13/05/1995	31/03/1999	585/R jirayat	1500/-R for jirayat 750/- for pot kharab

The submissions of the appellants are contested by the respondents.

The lands from village Kedarwakadi, Taluka Mantha, District, Jalna have been acquired for “Nimmna Dudhana” prject. The notification was issued on 13.05.1995. Thereafter, award was passed on 31.03.1999. All lands are Jirayat lands and some portions are classified as pot kharab. The Reference Court enhanced the compensation to Rs.1500/- per Are for jirayat land and Rs.750/- per Are for pot kharab land.

The present appeals are squarely covered by order dated 05.01.2026 passed in First Appeal No.1896 of 2021. In that case also, land

( 4 ) FA-2037-25+++

from village Kedarwakadi was acquired. The notification was issued on 20.03.1995, preceding one year of 31.03.1996 for which the standard rate was 2500/- per Are. The appellants are also entitled to have rate of Rs.2400/-

per Are.

I, therefore, pass following order :

O R D E R

a. First Appeals are allowed partly.

b. The appellants shall be awarded rate of Rs.2400/- per Are.

c. The appellants shall be entitled to the interest under Section 28 and 34 of the Act as per full Bench Judgment in State

of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].

d. The appellants shall not be entitled to the interest and statutory benefits for the delayed period.

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

f. The appellants shall pay deficit court fees.

g. R and P be sent back to the Reference Court.

h. Award be drawn accordingly.

( SHAILESH P. BRAHME, J. )

PRW