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FA 882/12 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 16 FIRST APPEAL NO. 882 OF 2012 KAMALBAI ANNASAHEB GUTTE AND ORS VERSUS THE STATE OF MAH AND ORS ... Advocate for Appellant : Mr. Kale Ajeet B. AGP for Respondent/State : Mr. S.N. Morampalle Advocate for Respondent 3 : Mr. Mukul S. Kulkarni … WITH CIVIL APPLICATION NO. 15596 OF 2015 IN FA/888/2012 WITH CIVIL APPLICATION NO. 1177 OF 2016 IN FA/882/2012 WITH CIVIL APPLICATION NO. 1180 OF 2016 IN FA/884/2012 WITH CIVIL APPLICATION NO. 1168 OF 2016 IN FA/881/2012 WITH CIVIL APPLICATION NO. 1172 OF 2016 IN FA/883/2012 WITH CIVIL APPLICATION NO. 1173 OF 2016 IN FA/883/2012 WITH CIVIL APPLICATION NO. 1170 OF 2016 IN FA/881/2012 WITH FIRST APPEAL NO. 881 OF 2012 WITH FIRST APPEAL NO. 887 OF 2012 WITH FIRST APPEAL NO. 888 OF 2012 WITH CIVIL APPLICATION NO. 15595 OF 2015 IN FA/888/2012 WITH CIVIL APPLICATION NO. 1175 OF 2016 IN FA/882/2012 WITH FIRST APPEAL NO. 883 OF 2012 WITH CIVIL APPLICATION NO. 6000 OF 2015 IN FA/887/2012 WITH CIVIL APPLICATION NO. 5999 OF 2015 IN FA/887/2012 WITH CIVIL APPLICATION NO. 1181 OF 2016 IN FA/884/2012 2026:BHC-AUG:39496
FA 882/12 & Ors. 2 WITH FIRST APPEAL NO. 884 OF 2012 …
CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 24, 2026 PER COURT :-
1. As the acquisition proceedings were initiated in the year 2004, heard finally with the consent of learned counsel for respective parties.
2. By these appeals, the appellants/original claimants assail the
judgment and award dated 18.10.2011 passed by the learned District Judge-1, Ahmedpur in LAR Nos. 318, 320, 317, 319, 316 and 315 of 2011, respectively.
3. Both the counsel tendered across bar the copy of order dated 23.4.2026 passed by the coordinate bench of this Court in FA No. 1132/2012 (Bhagwanrao Dharbaji Gutte and others Vs. The State of Maharashtra and Ors.) and other connected matter. They submit that the present appeals as well as FA No. 1131/2012 (supra) arise from the same project i.e. Yeldariwadi Storage Tank, Taluka Ahmedpur, District Latur. In FA No. 1131/2012 (supra) the coordinate bench of this Court has determined the market value of irrigated land at the rate of Rs.4362/- per R. and non irrigated land at the rate of Rs.2181/- per R. They submit that the said
order covers the present matters and and consequently, the present appeals deserve to be disposed of in terms thereof.
4. 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 the Coordinate Bench in FA No. 1132/12 (supra), I see no reason to take
FA 882/12 & Ors. 3 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) First appeals filed by the original claimants are partly allowed. (ii) The claimants are entitled to receive compensation at the rate of Rs.2181/- per R. for Jirayat/dry. (iii) The claimants are further entitled to all consequential statutory benefits on enhanced compensation in accordance with the provisions of the Land Acquisition Act. (iv) The claimants are further entitled to interest under section 28 and 34 of the Act, strictly in accordance with the law laid down by the the Full Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457. (v) The impugned judgment and award of the reference court is modified accordingly. (vi) Claimants to pay the deficit court fees, if any, on enhanced amount. (vii) Pending civil applications, if any, also stand disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/