Dilwale 1 911-FA-1594-09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 911 FIRST APPEAL NO. 1594 OF 2009 The Chief Ex Eng ( Construction ) Central Railway Mumbai And Anr VERSUS Nivarathi Ramji Narhare And Ors ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent Nos.1 to 5 : Mr. Gundre Suraj V. ... WITH X-OBJECTION NO. 204 OF 2026 IN FIRST APPEAL NO. 1593 OF 2009 Subhash Baburao Yadav And Ors VERSUS The State Of Maharashtra And Ors WITH X-OBJECTION NO. 205 OF 2026 IN FIRST APPEAL NO. 1592 OF 2009 Govind Biru Rathod VERSUS The State Of Maharashtra And Ors WITH X-OBJECTION NO. 206 OF 2026 IN FIRST APPEAL NO. 1590 OF 2009 Jaishri Damodhar Chavan VERSUS The State Of Maharashtra And Ors WITH X-OBJECTION NO. 207 OF 2026 2026:BHC-AUG:40995 Dilwale 2 911-FA-1594-09.odt IN FIRST APPEAL NO. 1591 OF 2009 Mohd Ismile Sheikh Maheboob Died Th Lrs Malanbi Mohmab Ismile Shaikh And Ors VERSUS The Stat E Of Maharashtra And Ors ... Advocate for the Petitioner : Mr. Gundre Suraj V. AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent Nos.3 & 4 : Mr. Navandar Manish N. WITH X-OBJECTION (STAMP) NO. 796 OF 2012 IN FIRST APPEAL NO. 1589 OF 2009 Sunil Gunwantrao Shelke And Anr VERSUS The State Of Mah And Ors ... Advocate for the Petitioner : Mr. Gundre Suraj V. AGP for Respondent-State: Mr. D. R. Korde WITH FIRST APPEAL NO. 1590 OF 2009 The Chief Ex Eng ( Construction ) Central Railway Mumbai And Anr VERSUS Jaishri Damodhar Chavan And Ors ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent No.1 : Mr. Gundre Suraj V. WITH FIRST APPEAL NO. 1591 OF 2009 The Chief Executive Engineer And Anr VERSUS Mohd Ismile Sheikh Maheboob And Ors ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent No.1 : Mr. Gundre Suraj V. Dilwale 3 911-FA-1594-09.odt WITH FIRST APPEAL NO. 1592 OF 2009 The Chief Exe Engineer And Anr VERSUS Govind Biru Rathod And Ors ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent No.1 : Mr. Gundre Suraj V. WITH X-OBJECTION NO. 203 OF 2026 IN FIRST APPEAL NO. 1594 OF 2009 Nivarathi Ramji Narhare Died Thr Lrs Trivenabai And Ors VERSUS The State Of Maharashtra And Ors ... Advocate for the Petitioner : Mr. Gundre Suraj V. AGP for Respondent-State: Mr. D. R. Korde WITH FIRST APPEAL NO. 1589 OF 2009 The Chief Executive Engineer And Anr VERSUS Sunil Gunwantrao Shelke And Ors ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent Nos.1 & 2 : Mr. Gundre Suraj V. WITH FIRST APPEAL NO. 1593 OF 2009 The Chief Executive Engineer And Anr VERSUS Subhash Baburao Yadav And Ors ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde Advocate for Respondent No.1 : Mr. Gundre Suraj V. Dilwale 4 911-FA-1594-09.odt WITH FIRST APPEAL NO. 957 OF 2009 Union Of India VERSUS Baburao Mallikarjun Patil And Anr ... Advocate for Appellant : Mr. M. N. Navandar AGP for Respondent-State: Mr. D. R. Korde …. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 01.09.2026 PER COURT : 1. As the acquisition proceedings are of the year 2000, the appeals are being heard finally with the consent of the learned counsel for the respective parties. 2. By the present appeals, the acquiring body is assailing the judgment and award dated 07.02.2008 passed by learned Ad-hoc District Judge-4 Latur in LAR No.164, 165, 166, 167, 168, 169 and 171 of 2001, whereby compensation came to be enhanced. The claimants have filed cross objections seeking higher compensation. 3. The land of the claimants from village Hanumantwadi Tal. Renapur, Dist. Latur was acquired for the purpose of Broad Gauge Railway Line Miraj-Latur to Latur Road. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 31.01.1996, the possession was taken on 26.02.1996, the award under Section 11 of the Act was passed on 20.12.1998, thereby granting Dilwale 5 911-FA-1594-09.odt compensation @ Rs.1170/-, Rs.1290/- and Rs.1420/- per R. The claimants claimed compensation @ Rs.50/- per sq. ft. The learned Reference Court enhanced the same to Rs.2500/- per R. 4. Mr. Gundre, the learned counsel for the claimants tenders across the bar the copy of the order dated 29.04.2026 passed by this Court in First Appeal No.2394 of 2013 along with connected matters, whereby compensation @ Rs.127.50/- per sq. ft. was awarded to the claimants therein. The learned counsel submits that by the said order, the First Appeal preferred against LAR No.169 of 2001 was decided. The LAR No.169 of 2001 was decided by the learned Reference Court by common judgment and award dated 07.02.2008. The present matters arise out of the said common judgment and award dated 07.02.2008, therefore, he prays to take consistent view in the present matters also. 5. He further submits that the learned counsel for the acquiring body is also having knowledge that the remaining references decided by the common award dated 07.02.2008 are assailed in the present appeals. Therefore, the view taken by this Court in LAR No.169 of 2001 ought to be applied in the present matters also. 6. Per contra, Mr. Navandar, learned counsel for the acquiring body submits that out of seven LARs which were decided by common award dated 07.02.2008, he has received instructions to challenge all references except LAR No.169 of 2001. According to him, the view taken by this Court in LAR No.169 of 2001 cannot automatically be made applicable to Dilwale 6 911-FA-1594-09.odt the remaining LARs which are assailed in the present appeal and the remaining appeals deserve to be decided on their own merits. Therefore, he prays to allow the First Appeals filed by acquiring body and dismiss the cross objections filed by the claimants. 7. Having heard the learned counsel for the respective parties and upon perusal of the record including the order dated 29.04.2026 passed by this Court in LAR No.2394 of 2013 along with connected matters, it is clear that this Court has decided appeal preferred against LAR No.169 of 2001 which was decided by learned Reference Court by common award dated 07.02.2008. By the said common award, learned Reference Court has decided other references which are assailed in the present matters. Thus, I do not find any reason to take a contrary view in the present matters. Therefore, to maintain judicial propriety, I am inclined to take a similar view. Hence, I pass following order: ORDER I. The First Appeals filed by acquiring body are dismissed. II. The cross objections filed by claimants are partly allowed. III. The claimants are entitled to compensation @ Rs.127.50/- per sq. ft. and to that extent impugned award stands modified. IV. The claimants are also entitled to all statutory benefits including interest under Sections 28 and 34 as per Full Bench judgment of this Court in State of Maharashtra v. Dilwale 7 911-FA-1594-09.odt Kailash Shiva Rangari, 2016 (3) Mh.L.J. 457. V. Rest of the impugned award stands confirmed. VI. Modified award be drawn accordingly. VII. Deficit Court fee be paid. VIII. Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE