JAIPALSING CHINDHA GIRASE v. THE S.L.A.O. MEDIUM PROJECT DHULE AND ORS
FA/2420/2024 · 2026-08-20
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2114 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2114 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 910.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2420 OF 2024 WITH FIRST APPEAL NO. 3555 OF 2017 JAIPALSING CHINDHA GIRASE VERSUS THE SLAO MEDIUM PROJECT DHULE MEDIUM PROJECT, DHULE AND OTHERS … Advocate for Appellant : Ms. M.S. Andhale h/f. Mr. A.B. Kale Advocate for Respondent no. 2 : Mr. A.D. Pawar AGP for Respondent/s – State : Ms. Preeti Diggikar …
CORAM : MANJUSHA DESHPANDE, J.
DATE : 20th AUGUST, 2026 PER COURT :
1. These Appeals raise challenge to the order passed by the Reference Court in LAR no. 432/2012, by way of a common judgment dated 13.01.2014.
2. The Reference Court has granted enhanced compensation at the rate of Rs. 1,60,000/- per Hector for Jirayat land and Rs. 80,000/- per Hector for Potkharab land.
3. It is contended that the present Appeals are arising out of the same land acquisition proceedings. Therefore, on the ground of parity, the relief as granted in the First Appeal no. 723/2017 and companion Appeals 2026:BHC-AUG:38384
2 910.odt also needs to be allowed by extending similar relief to the Appellant. The copy of the order passed by this Court dated 13.07.2026, is tendered across the bar, which is taken on record and marked as exhibit ‘X’.
4. The order passed by this Court is not disputed by the learned Advocate appearing for the acquiring body as well as learned AGP appearing for the State. Therefore, after considering the submissions advanced by the learned Advocate for the respective parties and in view of the admitted position about enhanced compensation similar relief needs to be granted to the Appellant in identical situation. I see no reason to take a different view in the matter, hence the Appeal no. 2420/2024, deserves to be allowed in the following terms :
ORDER i. First Appeal no. 2420/2024, is partly allowed. ii. The impugned judgment and award is partly set aside and modified as under : a) The claimants are entitled for the compensation at the rate of Rs.2,00,000/- per hectare for Jirayat land and
Rs.
1,00,000/-
per
hectare
for potkharab/barren/uncultivable land, excluding the earlier amount received by the claimants. b) The claimant is also entitled for additional statutory benefits i.e. solatium, interest and components as per the provisions of the Land Acquisition Act, 1894,
3 910.odt except for one year. c) The claimant shall not be entitled for the interest on the enhanced amount of compensation for a period of one year. d) Rest of the part of judgments and awards stand confirmed. e) Award be drawn up as per the above modification. iii. If delay caused in filing the first Appeal at the instance of the claimant has been condoned, the claimant shall not be entitled to interest and other statutory benefits for the said period of delay. iv. If the court fees is not paid, on payment of court fees the enhanced amount of compensation be paid to the claimants / appellants. v. Pending civil applications, if any, also stand disposed of. vi. Record and proceedings be sent back.
5. In view of the aforementioned directions, First Appeal no. 3555/2017, field by the acquiring body which challenges the same LAR no. 432/2012, also stands disposed of.
( MANJUSHA DESHPANDE, J. ) SPC