The Bombay High Court reaffirmed that claimants in land acquisition disputes may be entitled to receive compensation higher than what they claimed if the evidence warrants it, subject to payment of deficit court fees. The Court upheld existing precedent and clarified that mere restriction of the claim does not preclude a higher award when justified by record. This judgment serves as binding authority for subordinate courts in Maharashtra and offers persuasive value across India, particularly in land acquisition and compensation cases.
Summary
| Category | Data |
|---|---|
| Case Name |
FA/3956/2022 of SANTOSH SHESHMAL CHAVAN Vs THE EXE. ENGINEER, MINOR IRRIGATION DIV. NO. 1, AURANGABAD AND ANOTHER CNR HCBM030042132022 |
| Date of Registration | 19-12-2022 |
| Decision Date | 17-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE SHRI JUSTICE SHAILESH P. BRAHME |
| Court | Bombay High Court, Aurangabad Bench |
| Bench | Single Judge Bench: HON’BLE SHRI JUSTICE SHAILESH P. BRAHME |
| Precedent Value | Binding Precedent in Maharashtra; Persuasive elsewhere |
| Overrules / Affirms |
|
| Type of Law | Land Acquisition, Compensation, Civil Procedure |
| Questions of Law |
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| Ratio Decidendi |
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| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon |
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| Facts as Summarised by the Court |
49 appeals arose from land acquisitions for the Charu Tanda Percolation Tank (Aurangabad). Land owners challenged the low compensation awarded by the S.L.A.O. Reference Court enhanced rates for land (Rs.5,600/dry Are, Rs.8,400/seasonally irrigated Are) and adopted 80% of the expert’s tree valuation report. Acquiring body appealed some awards but not others, leading to claims of discriminatory conduct. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Maharashtra; Reference Courts dealing with land acquisition compensation. |
| Persuasive For | High Courts in other states; Supreme Court (as additional authority); tribunals and Reference Courts across India dealing with land compensation. |
| Overrules | None; clarifies and affirms existing Supreme Court and Bombay High Court jurisprudence. |
| Distinguishes | Land Acquisition Officer, PWD (CELL), Altinho, Panaji, Goa v. Damodar Ramnath Camotim Bambolkar (2018) 4 AIRBomR 554 — facts held not applicable to present case. |
| Follows | Shivappa Etc. v. Chief Engineer & Ors (2023 LiveLaw (SC) 312); Chinda Fakira Patil (2011) 10 SCC 787; Ambya Kalya Mhatra (AIR 2011 SC (Supp) 625). |
What’s New / What Lawyers Should Note
- The Court authoritatively affirms that claimants may be awarded higher compensation than claimed if evidence on record justifies it, despite their stated limitation, subject to payment of deficit court fees.
- An acquiring body cannot discriminate among similarly situated claimants by selectively appealing awards; such “pick and choose” practice is impermissible, as per Supreme Court precedent.
- In the absence of rebuttal by the acquiring body, expert valuation of trees (backed by joint measurement) will generally be accepted, adopting the Supreme Court’s “80% rule” in Chinda Fakira Patil.
- Existence of a well alone is insufficient to treat land as permanently irrigated unless supported by further oral/documentary proof; such land will be deemed “seasonally irrigated”.
- The principle extends to all future land acquisition compensation proceedings in jurisdiction, enhancing claimants’ ability to secure fairer compensation even when initial claims are understated.
Summary of Legal Reasoning
- The Court considered whether claimants, having limited their claims to a certain amount in Reference or appeal, can be awarded a higher sum if the evidence on record justifies it.
- Reliance was placed on Supreme Court judgments: Ambya Kalya Mhatra (D) by L.Rs. v. State of Maharashtra and coordinate Bombay High Court decision in Vasant Laxmanrao Dalal, which settle that restriction by the claimant does not preclude a higher award when entitlement is shown.
- For land categorisation (dry/seasonally irrigated), the Court found that mere existence of a well is not proof of permanent irrigation in absence of evidence of actual crop patterns or 7/12 extracts. Thus, lands with only a well are “seasonally irrigated.”
- The acquisition authority had selectively appealed some Reference Court awards, which the Court found to be discriminatory and contrary to Shivappa Etc. v. Chief Engineer & Ors, which prohibits “pick and choose” litigation by the State.
- For valuation of trees, expert opinion was accepted where not rebutted, following Chinda Fakira Patil, and 80% of the expert’s assessed value was awarded.
- The challenge based on the credibility/registration of the valuer was rejected since no substantive objection or cross-examination was advanced, and the relevant facts were distinguishable from the Bombay High Court’s PWD Goa case.
- All appeals by the acquiring body were dismissed; cross-appeals and claimants’ own appeals were partly allowed in terms of enhanced correct rates based on actual entitlement.
Arguments by the Parties
Petitioners (Claimants):
- The Reference Court erred by restricting compensation to the claimed amount, although the evidence showed entitlement to a higher rate.
- Existing irrigation facilities (wells, etc.) were overlooked in classifying land, and the pattern of crops is not the sole deciding factor.
- The rate should be Rs. 11,200/- per Are for lands with wells; valuation of trees was inadequate and unrebutted; expert valuation should be accepted.
- Entitled to enhancement of compensation for both lands and trees across all appeals.
Respondents (Acquiring Body):
- The rate fixed by the Reference Court was excessive; S.L.A.O.’s Rs. 1,200/- per Are is the correct, modest rate.
- No reliable material was placed by claimants to support enhancement; sale instances are unreliable.
- Tree valuation by claimants’ expert is fictitious and afterthought; valuer lacked registrations/qualifications.
- In some appeals, claimants could not substantiate irrigation/cropping pattern with 7/12 extracts; cannot blindly rely on Supreme Court’s directions without supporting evidence.
Factual Background
A total of 49 appeals stemmed from the acquisition of lands for the Charu Tanda Percolation Tank at village Anad, Tq. Soigaon, Aurangabad. The S.L.A.O. determined compensation rates and tree valuations by a common award in 2012, which claimants challenged as inadequate. Both the acquiring body and claimants filed appeals — the acquiring body selectively challenging some awards, while claimants sought further enhancement in others. Contest centered on the categorisation of land (dry or irrigated), rate of compensation, and tree valuation; evidence included expert reports and sale instances. The appeals were heard together in the High Court.
Statutory Analysis
- Section 4(1) of the Land Acquisition Act, 1894: Notification and process of acquisition.
- Criteria for land categorisation (dry, seasonally irrigated, permanently irrigated) depend on both physical features (e.g., wells) and documentary evidence (7/12 extracts, crop records).
- The principle of awarding compensation above the stated claim if evidence so warrants, provided deficit court fee is paid, is affirmed.
- Reference made to Supreme Court and High Court authoritative interpretations, no new reading-in or reading-down.
- For valuation of trees, Court followed Supreme Court’s 80% acceptance rule from Chinda Fakira Patil.
Dissenting / Concurring Opinion Summary
No separate dissenting or concurring opinion is recorded in the judgment.
Procedural Innovations
- The Court consolidated 49 related appeals, passing a common judgment for efficiency.
- Clarified the practice of drawing up individual awards in line with the corrected compensation and land categorisation as per appellate findings.
- Recognised and acted upon the discriminatory effect of selective appeals by the acquiring body; ordered uniform treatment in similarly situated cases.
Alert Indicators
- ✔ Precedent Followed – The decision affirms established law, particularly Supreme Court precedent, and does not create a split or break from past rulings.