Sudam Ashruba Ghode vs the State of Maharashtra through… — Land Acquisition | Bombay HC (2026)

Sudam Ashruba Ghode vs the State of Maharashtra through… — Land Acquisition | Bombay HC (2026)

What the court decided

AI extract

Outcome

Appeal partly allowed: appellant granted enhanced rate of Rs.3176 per Are; interest payable under Sections 28 and 34 of the Land Acquisition Act per the Full Bench judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141]; appellant denied interest and statutory benefits for the delayed period; impugned judgment and award otherwise left unaltered; appellant to pay deficit court fees; record and proceeding to be sent back to the concerned Court; award to be drawn up accordingly; pending civil applications disposed of.

Issue for consideration

Whether the appellant is entitled to enhancement of the compensation rate from Rs.2500 per Are, with additional benefit of escalation with cumulative effect, on the ground of parity with the consistent view taken by this Court in numerous matters concerning acquisitions for the Nimnna Dudhana Project.

Court's answer

On the ground of parity, the appellant is entitled to the rate of Rs.3176 per Are for his land in village Salegaon acquired for the Nimnna Dudhana Project.

Ratio / Principle

The present appeal is squarely covered by the consistent view taken by this Court in numerous matters awarding Rs.2500 per are for acquisitions for the Nimnna Dudhana Project.

Key takeaways

The appellant shall not be entitled to receive interest and statutory benefits for the delayed period.ratio¶22
The appellant is entitled to receive interest under Sections 28 and 34 of the Land Acquisition Act in view of the judgment of the Full Bench of this Court in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141].ratio¶23

Detailed headnote1 paragraphs

Land acquisition – Enhancement of compensation – Parity – First Appeal No. 833 of 2026 (Bombay High Court, Aurangabad Bench, Shailesh P. Brahme, J., 11.03.2026): Appellant's land in village Salegaon was acquired vide notification dated 10.12.1998 for the Nimnna Dudhana Project; the judgment and award dated 05.05.2017 in LAR No. 75/2010 had fixed the rate at Rs.2500 per Are. Holding that the appeal was squarely covered by the consistent view of this Court in numerous matters awarding Rs.2500 per are for Nimnna Dudhana Project acquisitions (including the common order dated 18.12.2015 emanating from village Salegaon), the Court held the appellant entitled on parity to the enhanced rate of Rs.3176 per Are, while denying interest and statutory benefits for the delayed period. The appellant was held entitled to interest under Sections 28 and 34 of the Land Acquisition Act in view of the Full Bench judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141]. Appeal partly allowed; save the said modification the impugned judgment and award remained unaltered; appellant directed to pay deficit court fees; record and proceeding sent back to the concerned Court; award to be drawn up accordingly; pending civil applications disposed of.

30-FA-833-2026.odt

2026:BHC-AUG:10641

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

FIRST APPEAL NO. 833 OF 2026

Sudam Ashruba Ghode

VERSUS

The State Of Maharashtra Through Dist. Collector, Jalna And Others

Mr. P. B. Rakhunde, Advocate for Appellant Mr. V. V. Jahagirdar, AGP for Respondent Nos. 1 and 2 Mr. V. P. Narwade, Advocate for Respondent No. 3

CORAM : SHAILESH P. BRAHME, J DATE : MARCH 11, 2026

PC :

Appeal is taken up for disposal with consent of parties.

Appellant is questioning the judgment and award dated 05.05.2017 passed in LAR No. 75/2010. He is seeking enhancement of the rate of Rs.2500 per Are and additional benefit of escalation with cumulative effect relying upon the consistent view being taken by this Court in numerous matters. One of the common judgments rendered on 18.12.2025 is placed on record to support the claim of parity.

The Respondents have contested the Appeal. It is submitted that the ground of parity cannot be made applicable to the present case.

Appellant’s land from village Salegaon stood acquired vide notification dated 10.12.1998 for Nimnna Dudhana Project. This Court

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30-FA-833-2026.odt

already taken view in number of matter in awarding rate of Rs.2500 per are for acquisition for Nimnna Dudhana Project. The common order dated 18.12.2015 is emanating from acquisition of land from village Salegaon. In the present case, the land is dry land and there is no dispute for the classification. On the ground of parity, Appellant is also entitled to rate of Rs.3176 per Are. Present Appeal is squarely covered on the consistent view being taken in numerous matters. I, therefore, pass following order:

ORDER

(a) Appeal is partly allowed.

(b) Appellant shall be entitled to receive rate of Rs.3176 per Are.

(c) Appellant shall not be entitled to receive interest and statutory benefits for the delayed period.

(d) Appellant shall be entitled to receive interest U/Sec.28 and 34 of the Land Acquisition Act in view of the judgment of the Full Bench of this Court in the matter of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141].

(e) Save and except above modification, the impugned judgment and award shall remained unaltered.

(f) Appellant shall pay the deficit Court fees.

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30-FA-833-2026.odt

(g) Record and proceeding be sent back to the concerned Court.

(h) Award be drawn up accordingly.

(i) Pending civil application(s), if any, stands disposed of.

(SHAILESH P. BRAHME, J.)

usm

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