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2009 DAILYLAW 1917 (BOM)

SHIVAJI SHANKAR KADAM v. THE STATE OF MAHARASHTRA AND ANR

FA/3210/2009 · 2026-09-04

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Judgment text

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6-FA-3210-2009.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 6 FIRST APPEAL NO. 3210 OF 2009 Shivaji Shankar Kadam VERSUS The State Of Maharashtra And Another …... Mr. Shubham D. Jayabhar, Advocate h/f Mr. D.R. Jayabhar, Advocate for Appellant-Acquiring Mr. S.N. Morampalle, AGP for Respondent No.1-State …... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 04 SEPTEMBER, 2026 PER COURT : 1. Heard learned counsel for the respective parties. 2. The present appeal arises out of the common impugned Judgment and Award dated 24.11.2024 passed by the learned VI Adhoc Additional District Judge, Beed, in Land Acquisition Reference No.257 of 1997 and connected LARs. 3. Learned counsel appearing for the appellant and the learned AGP submit that the controversy involved in the present appeal is squarely covered by the order dated 07.07.2026 passed by this Court in First Appeal No.447 of 2007 and connected matters, as the land of the appellant was acquired from the same village, i.e. Lonighat, for the same public purpose, i.e. Upper Manjara Project (Dokewadi Project), and under the very same notification as involved in the said appeal. They, therefore, submit that the present appeal may also be disposed of in terms of the said order. 2026:BHC-AUG:41303 6-FA-3210-2009.odt 2 4. Having considered the submissions advanced by learned counsel for the respective parties, and in view of the admitted position that the controversy involved in the present appeal is identical to the one decided by this Court by order dated 07.07.2026 in First Appeal No.447 of 2007 and connected matters, I see no reason to take a different view. The present appeal, therefore, deserves to be disposed of in terms of the said judgment and order. Hence, the following order: O R D E R (i) The First Appeal is partly allowed. (ii) The common impugned Judgment and Award dated 24.11.2024 passed by the learned VI Adhoc Additional District Judge, Beed, in Land Acquisition Reference No.257 of 1997 and connected LARs is modified to the aforesaid extent. (iii) The appellant-claimant is entitled to receive and amount of Rs. 1,000/- per R for dry land. (iv) The appellant-claimant shall be entitled to all statutory benefits under the Land Acquisition Act, 1894, in accordance with law. (v) The appellant-claimant shall be entitled to interest under Sections 28 and 34 of the Land Acquisition Act, 1894, strictly in accordance with the Full Bench decision of this Court in State of Maharashtra Vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (vi) The remaining part of the Judgment and Award passed by the learned Reference Court shall remain unaltered. 6-FA-3210-2009.odt 3 (vii) The modified award be drawn accordingly. (viii) The appellant-claimant shall pay the deficit Court fees, if any, on the enhanced compensation. (ix) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane