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2015 DAILYLAW 3024 (BOM)

BABURAO TUKARAM SHENDGE AND ANR v. THE STATE OF MAH AND ORS

FA/1253/2015 · 2026-08-29

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Judgment text

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924-FA-1253-2015.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 924 FIRST APPEAL NO. 1253 OF 2015 Baburao Tukaram Shendge And Another VERSUS The State Of Maharashtra And Others AND FIRST APPEAL NO. 1776 OF 2015 Madhav Limbaji Hake (Died) Through L.Rs. Vimalbai Madhav Hake And Others VERSUS The State Of Maharashtra And Others AND FIRST APPEAL NO. 2350 OF 2013 Laxman Ramu Yeme (Died) Through L.Rs. Haribai Laxman Yeme And Others VERSUS The State Of Maharashtra And Others AND FIRST APPEAL NO.2351 OF 2013 Raghunath S/o. Balaji Devkate (Died) Through L.Rs. Chandrabhaga W/o. Raghunath Devkate And Others VERSUS The State Of Maharashtra And Others …… Mr. G.K. Sontakke, Advocate for Appellants-Claimants in all FAs Mr. A.D. Wange, AGP for Respondents No.1 and 2 in all FAs Mr. S.W. Munde, Advocate for Respondent No.3-Acquiring Body in FA/1776/2015 …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29 AUGUST, 2026 PER COURT : 1. First Appeal Nos. 2350 of 2013 and 2351 of 2013 are not on board. Upon mentioning, the same are taken on board. 2. Heard the learned counsel for the respective parties. 2026:BHC-AUG:40625 924-FA-1253-2015.odt 2 3. The present appeals arise out of the Judgments and Awards dated 18.04.2008 and 21.04.2008 passed by the learned Civil Judge, Senior Division, Kandhar, in Land Acquisition Reference Nos. 428 of 2003, 432 of 2003, 458 of 2003 and 457 of 2003. 4. The learned counsel for the appellants has tendered across the Bar a copy of the judgment and order dated 13.08.2026 passed by this Court in First Appeal No. 276 of 2013 and connected matters. He submits that the lands of the appellants were acquired by different notifications from the same village, i.e. Gaundgaon, for the same public purpose, namely, the Upper Manar Project, as involved in the said appeals. It is, therefore, contended that the controversy involved in the present appeals is squarely covered by the order dated 13.08.2026 passed by this Court in First Appeal No. 276 of 2013 and connected matters and, consequently, the present appeals deserve to be disposed of in terms thereof. The learned A.G.P. appearing for the respondent-State and learned counsel Mr. Munde, appearing for the acquiring body in First Appeal No. 1776 of 2015, fairly concede the aforesaid position. 5. 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 this Court in First Appeal No. 276 of 2013 and connected matters by the order dated 13.08.2026, I see no reason to take a different view. 924-FA-1253-2015.odt 3 The present appeals, therefore, deserve to be disposed of in terms of the said judgment and order. Hence, the following order: O R D E R (i) The First Appeals are partly allowed. (ii) The impugned Judgments and Awards dated 18.04.2008 and 21.04.2008 passed by the learned Civil Judge, Senior Division, Kandhar, in Land Acquisition Reference Nos. 428 of 2003, 432 of 2003, 458 of 2003 and 457 of 2003 are modified to the extent that the appellants-claimants shall be entitled to receive compensation at the rate of Rs.60,000/- per Acre for their acquired dry lands. (iii) The appellants-claimants shall be entitled to all statutory benefits under the Land Acquisition Act, 1894. (iv) The appellants-claimants shall be entitled to interest under Sections 28 and 34 of the Act, 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. (v) Rest of the Judgments and Awards passed by the learned Reference Court shall remain unaltered. (vi) The modified awards be drawn accordingly. (vii) The appellants-claimants shall pay the deficit Court fees, if any, on the enhanced compensation. (viii) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane