KIRANSING GOVINDSING GIRASE v. THE STATE OF MAHARASHTRA AND OTHERS
FA/3493/2015 · 2026-08-21
body2015
DailyLaw.ai
[ 2015 DAILYLAW 2945 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2015 DAILYLAW 2945 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
910-APEAL-3493-2015.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 FIRST APPEAL NO. 3493 OF 2015 Kiransing Govindsing Girase VERSUS The State Of Maharashtra And Others AND FIRST APPEAL NO. 883 OF 2017 Kesarbai Shamsing Girase And Others VERSUS The State Of Maharashtra And Others …… Mr. Mehul P. Kulkarni, Advocate h/f Mr. C.R. Deshpande, Advocate for Appellants-Claimants Mr. A.D. Pawar, Advocate for Respondent No.2-Acquiring Body Mr. S.N. Morampalle, AGP for Respondents No.1 and 3 …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 21 AUGUST, 2026 PER COURT :
1. Heard the learned counsel for the respective parties. 2. The present appeals arise out of the common impugned Judgments and Awards dated 30.10.2012 passed by the learned Civil Judge, Senior Division, Dhule in Land Acquisition Reference Nos.24 of 2011 and 30 of
2011. 3. The learned counsel for the appellants has tendered across the Bar a copy of the order dated 13.07.2026 passed by this Court in First Appeal No.723 of 2017 and connected matters, wherein reliance has been placed 2026:BHC-AUG:38282
910-APEAL-3493-2015.odt 2 upon the order passed by the Coordinate Bench of this Court in First Appeal No.2799 of 2011 and connected matters. 4. It is submitted that the lands of the appellants were acquired from the same villages, namely, Satare, Deogaon, Devi and Rewadi, Taluka Shindkheda, District Dhule, for the same public purpose, namely, Medium Project, Wadi-Shevadi, and under the very same notification as involved in the aforesaid appeals. It is, therefore, submitted that the controversy involved in the present appeals is squarely covered by the orders dated 13.07.2026 passed in First Appeal No.723 of 2017 and connected matters and dated 03.02.2026 passed in First Appeal No.2799 of 2011 and connected matters. The present appeals, therefore, deserve to be disposed of in terms thereof. 5. The learned A.G.P. as well as the learned counsel appearing for the acquiring body fairly concede the aforesaid position. 6. 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 controversy decided by this Court in First Appeal No.723 of 2017 and connected matters by order dated 13.07.2026 and by the Coordinate Bench in First Appeal No.2799 of 2011 and connected matters by order dated 03.02.2026, I see no reason to take a different view.
910-APEAL-3493-2015.odt 3
7. The present appeals, therefore, deserve to be disposed of in terms of the aforesaid orders. Hence, the following order:
O R D E R I. The First Appeals are partly allowed. II. The impugned Judgments and Awards are partly set aside and modified as under: a) The claimants shall be entitled to compensation at the rate of Rs.2,00,000/- per hectare for non-irrigated lands and Rs.1,00,000/- per hectare for potkharab/barren/uncultivable lands, after excluding the amount of compensation already received by the claimants. b) The claimants shall also be entitled to the statutory benefits, including solatium, interest and other components, as admissible under the provisions of the Land Acquisition Act, 1894, excluding the period of one year. c) The claimants shall not be entitled to interest on the enhanced amount of compensation for a period of one year. d) The remaining part of the impugned Judgments and Awards shall stand confirmed. e) The Award be drawn up accordingly. 910-APEAL-3493-2015.odt 4 III. The claimants shall not be entitled to interest or any other statutory benefits for the aforesaid period of one year. IV. In case the requisite Court fees have not been paid, the enhanced amount of compensation shall be paid to the claimants/appellants upon payment of the requisite Court fees. V. Pending Civil Applications, if any, stand disposed of. VI. The Record and Proceedings be sent back to the concerned Court. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane