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2014 DAILYLAW 2721 (BOM)

SATISH PANDIT PATIL v. THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT (HATNOOR)(1), JALGAON AND ANOTHER

CA/13828/2019 · 2026-08-17

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Judgment text

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FA 1634/14 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1 FIRST APPEAL NO. 1634 OF 2014 WITH CIVIL APPLICATION NO. 13828 OF 2019 IN FA/1634/2014 SATISH PANDIT PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT (HATNOOR)(1), JALGAON AND ANOTHER ... WITH FIRST APPEAL NO. 1372 OF 2016 WITH CIVIL APPLICATION NO. 13829 OF 2019 IN FA/1372/2016 REKHABAI BALKRUSHNA PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER, UPPAR TAPI PROJECT (HATNOOR)(1), JALGAON AND ANOTHER ... Advocate for Appellant : Mr. D.M. Kakade h/f. Mr. H.P. Kshirsagar AGP for Respondent/State : Mr. S.S. Dande Advocate for respondent No. 2 : Mr. S.S.Chillarge … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 17, 2026 PER COURT :- 1. As the acquisition proceedings were initiated in the year 2005, heard finally with the consent of learned counsel for respective parties. 2. By these appeals, the appellants/original claimants assails the judgment and award dated 18.9.2012 passed by the learned Civil Judge, Senior Division, Amalner, Dist. Jalgaon in LAR No. 11/2009 and 10/2009 for further enhancement. 3. The lands of the claimants admeasuring 61 R. from Gat No. 76/2P in LAR No. 10/2009 and 42 R. from Gat No. 76/1P in LAR No. 11/2009 situated at villge Dhupe/Vichkheda, Taluka Chopada, District Jalgaon were 2026:BHC-AUG:37360 FA 1634/14 & Ors. 2 acquired for Rehabilitation of village Dhupe Gavthan. Notification under section 4 of the Land Acquisition Act was published on 24.3.2005. Declaration under section 6 was published on 5.1.2006. The Special Land Acquisition Officer (SLAO) has declared the award on 28.11.2007 and awarded compensation at the rate of Rs.1,87,000/- per H. Being dissatisfied with the same, the original claimants preferred the above references under section 18 of the Act. After going through the material available, the learned reference court enhanced the compensation at the rate of Rs.2,70,000/- per H. Being aggrieved, the original claimants filed the present appeals. 4. Mr. D.M. Kakade h/f. Mr. Kshirsagar, learned counsel appearing for the appellants/original claimants relied upon the judgment and order passed by the Civil Judge, Senior Division, Amalner in LAR No. 150/2013 dated 26.2.2015 and contended that claimants from LAR No. 150/2013 are from the same village and from the same Gat number land was acquired and the reference court has granted compensation at the rate of Rs.100/- per Sq. Mtrs. and pursuant to the order passed in LAR No. 150/2013 the acquiring body has paid entire amount and taken a decision not to challenge the same. Though the appellant has not placed on record any decision to that effect, when this was asked to learned counsel Mr. S.S. Chillarge appearing for acquiring body, he submits on instruction from the Corporation that Corporation has already accepted the order passed in LAR No. 150/2013. 5. The learned counsel for the appellant submits that even pursuant to the order passed in LAR No. 150/2013 the claimants have already withdrawn the entire amount. The above statement is accepted as the same was not controverted by the learned counsel for acquiring body. Therefore, considering the above, in the present appeals also, as the lands were FA 1634/14 & Ors. 3 acquired from the same Gat number, I am inclined to allow the present appeals partly and enhance the compensation at the rate of Rs.100/- per Sq. Mtrs. as was granted in Lar No. 150/2013. Hence, I pass the following order. O R D E R (I) The appeals are partly allowed. (II) The claimants are entitled to receive compensation at the rate of Rs.100/- per Sq. Mtrs. for their acquired lands. (III) The appellants/claimants are entitled to interest and other statutory benefits strictly in accordance with the law laid down by the Full Bench of this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457. (IV) The impugned judgment and award of the reference court is modified accordingly. (V) Pending civil applications, if any, are also disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/