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2009 DAILYLAW 1875 (BOM)

NIVRUTTI RAMJI GUNALE (SINCE DECEASED) THROUGH HIS LEGAL REPR. MAHADEO AND ORS. v. THE STATE OF MAHARASHTRA AND ORS

FA/150/2009 · 2026-08-17

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Judgment text

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FA 150/09 & Anr. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 49 FIRST APPEAL NO. 150 OF 2009 NIVRUTTI RAMJI GUNALE (SINCE DECEASED) THROUGH HIS LEGAL REPR. MAHADEO AND ORS. VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH FIRST APPEAL NO. 149 OF 2009 MANDUBAI NIVRUTTI GUNALE THR LRS NIVRUTTI SINCE DECEASED THR HIS LEGAL REPR. MAHADEO. VERSUS THE STATE OF MAHARASHTRA AND ORS … Advocate for Appellants : Mr. V.D. Gunale AGP for Respondents 1 to 3 in both matters : Mr. S.G. Sangle … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 17, 2026 PER COURT :- 1. As the acquisition proceeding were initiated in the year 1996, heard finally with the consent of learned counsel for the respective parties. 2. The present appeals arise out of the judgment and award dated 11.6.2008 passed by the learned Ad-hoc District Judge-3, Latur in LAR Nos. 983/2001 and 78/2001. 3. The learned counsel for the appellants has tendered across the Bar a copy of the judgment and order dated 10th July 2026 passed by this Court in FA Nos. 525/2011 (Kishor Bhujangrao Kulkarni Vs. The State of Maharashtra) and connected matter. He submits that the lands of the appellants were acquired under the same notification and for the same project as involved in the abovementioned appeals. It is, therefore, contended that the controversy involved in the present appeal is squarely 2026:BHC-AUG:37027 FA 150/09 & Anr. 2 covered by the judgment and order dated 10.07.2026 passed in FA No. 526/2011 (supra), and consequently, the present appeals deserve to be disposed of in terms thereof. 4. The learned A.G.P. appearing for respondent Nos.1 to 3 fairly concedes the aforesaid position. 5. Having considered the submissions advanced by the learned counsel for the respective parties, and in view of the admitted position that the controversy involved in the present appeals is identical to the one decided by this court in FA No. 526/2011 (supra), I see no reason to take a different view. The present appeals, therefore, deserve to be disposed of in terms of the said judgment and order. Hence, the following order: ORDER i. Both the appeals are partly allowed. ii. The Appellants-claimants be granted enhancement of compensation @ Rs.1,50,000/- for semi irrigated lands. iii. The Appellants-claimants are entitled to interest under Section 34 from the date of award i.e. 30th March 1999 in accordance with the law laid down by Full Bench of this Court in State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457. iv. Rest of the order of the learned Reference Court stands confirmed. v. Award be drawn up accordingly. vi. Pending Civil Applications, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/