FA 583/2012 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 21 FIRST APPEAL NO. 583 OF 2012 ANIL LAXMANRAO BHISE VERSUS THE STATE OF MAHARASHTRA ... Advocate for Appellant : Mr. S.K. Adkine AGP for Respondent/State : Mr. S.S. Dande ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 31, 2026 PER COURT :- 1. As the present acquisition proceedings was initiated in the year 1994, heard finally with the consent of the learned counsel for the respective parties. 2. By this appeal, the appellant/original claimant assails the judgment and award dated 17.11.2011 passed by the learned Civil Judge, S.D., Vaijapur in LAR No. 1434/2010, whereby the learned reference court refused to grant rental compensation. 3. The lands of the claimant admeasuring 53 R. and 62 R. from Gat Nos. 144 and 145, respectively situated at village Harsooli (Bhendewadi), Tq. Gangapur, Dist. Aurangabad were acquired for the purpose of construction of village tank Bhanewadi at village Harsul, Tq. Gangapur, Dist. Aurangabad. Notification under section 4 of the Land Acquisition Act was published on 13.10.1994. The learned Special Land Acquisition Officer (SLAO) has passed the award on 25.5.1998 and granted inadequate compensation. Under the protest, the claimant received the amount and being dissatisfied with the award of the SLAO, the claimant filed an application before the Collector for 2026:BHC-AUG:40597 FA 583/2012 2 referring the matter under section 18 of the Act for proper determination of the market value of the acquired land. The learned reference court after going through the evidence and examining the record, enhanced the compensation at the rate of Rs. 2750/- per R. Being dissatisfied with the same and as the rental compensation was not awarded, the present appeal is filed by the original claimant. 4. The learned counsel for the appellant mainly submits that rental compensation has not been granted by the reference court and therefore, he prays to grant rental compensation as per the policy of the Government. 5. The learned AGP supports the impugned judgment and order passed by the reference court and prays to dismiss the appeal. 6. Having heard the learned counsel for the respective parties, with their assistance, I have gone through the copy of impugned judgment and award. The Hon’ble Apex Court in catena of judgments held that land acquisition proceeding is the beneficial legislation and in view of the government policies the reference court has not granted compensation in the present matter. In view of the above, I deem it appropriate to grant liberty to the claimant to file application before the Collector for rental compensation. Hence, the following order. O R D E R (i) The appeal is dismissed. (ii) Liberty is granted to the claimant to file an application before the Collector, Aurangabad for rental compensation. If such an application is filed, the Collector Aurangabad to decide the same within a period of 10 weeks from today by giving full opportunity to the concerned including the acquiring body and in the event the claimant is entitled, rental FA 583/2012 3 compensation be granted as per Government policy of the State. (iii) Pending civil application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/