The Bombay High Court at Aurangabad has made an important decision about land payment cases from Vaijapur. Many landowners were unhappy with the first payment for their lands that the government took over, and the court has now ordered a new look at these payments.
Background of the Case
The case involves several complaints from landowners who were not satisfied with the money given for their lands. The main question was whether the lands should be seen as having irrigation or not, as this affects the payment amount. The court also looked at whether extra money should be given for trees, wells, and other things on the land.
The Court's Decision
- Date of Order: The final decision was made on February 27, 2026.
- Compensation Review: The court decided that the payment should be looked at again. Lands first seen as not having irrigation might be reclassified as having it, which could increase the payment.
- Additional Compensation: The court agreed that extra money was needed for trees, wells, and structures, which was previously not given.
Key Points of the Judgment
- Group I Appeals: These cases focused on changing the classification from non-irrigated to irrigated land. The court agreed that some lands should be considered irrigated, allowing owners to receive more money.
"People in First Appeal Nos. 1328 of 2024, First Appeal No. 1330 of 2024, and others shall be entitled to receive a rate of Rs. 3,000/- per R for the acquired lands."
- Group II Appeals: These cases dealt with payment for extra things like trees and structures. The court sent these cases back for another look, making sure people get fair payment.
Legal Interpretations
- Section 28-A of the Land Acquisition Act: This section allows for a new decision on payment. The court stressed that this should be understood to help landowners, ensuring fair payment for everyone affected.
"The legislature intended to give a right of making a reference for those who might not have done so earlier under Section 18."
Next Steps
- Further Proceedings: The Reference Court will reassess claims for extra payment, aiming to finish this process within ten months from March 18, 2026.
This decision is an important step towards making sure landowners in Vaijapur get fair payment, addressing old complaints about land classification and extra payments.
