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2016 DAILYLAW 2551 (BOM)

LAXMAN DATTU RUPANAR v. THE STATE OF MAH AND ANR

FA/691/2016 · 2026-08-17

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Judgment text

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FA 691/16 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 8 FIRST APPEAL NO. 691 OF 2016 WITH FIRST APPEAL NO. 693 OF 2016 WITH CIVIL APPLICATION NO. 4135 OF 2026 IN FA/693/2016 LAXMAN DATTU RUPANAR VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Appellant : Mr. R.P. Adgaonkar AGP for respondent/State : Mr. A.D. Wange Spl. counsel for Respondent 2 : Mr. S.G. Sangle ... 52 FIRST APPEAL NO. 12 OF 2011 WITH FIRST APPEAL NO. 20 OF 2011 RAJENDRA VENKAT KOKARE DIED THROUGH HIS LEGAL REPR. SMT. MINAKSHI AND ORS. VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Appellant : Mr. R.P. Adgaonkar AGP for respondents 1 & 3 : Mr. A.D. Wange Spl. counsel for Respondent 2 : Mr. S.G. Sangle ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 17, 2026 PER COURT :- 1. As the acquisition proceedings were initiated in the year 1998, heard finally with the consent of learned counsel for respective parties. 2. By the present appeals, the appellants/original claimants assail the judgments and awards dated 5.4.2007 and 20.3.2007 passed by the learned Civil Judge, Senior Division, Nilanga in LAR Nos. 567, 574 of 2002 and LAR Nos. 66, 67 of 2002, respectively, for further enhancement. 2026:BHC-AUG:37363-DB FA 691/16 & Ors. 2 3. Both the counsel appearing for the respective parties tendered across the bar the copy of the judgment and order dated 10.2.2026 passed by the coordinate bench of this Court in First Appeal No.1117/2007 (Sudhakar Ramchandra Dadage Vs. The State of Maharashtra) along with bunch of other first appeals, whereby this court enhanced the compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and Rs.90,000/- per Acre for dry lands. Both the counsel submits that the lands of the claimants in above first appeals were acquired for the project Hangarga Minor Irrigation Tank at Hangarga and other villages. Both the counsel further submits that the lands of the present claimants were also acquired for Hangarga Minor Irrigation Tank at Hangarga and other villages. Therefore, in view of the submissions advanced by both the counsel, the present appeals are also covered by the order passed by the coordinate bench of this court in First Appeal No.1117/2007 (supra), wherein the reference court has treated the acquired lands as seasonally irrigated lands and dry lands and coordinate bench of this court enhanced the compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and Rs.90,000/- per Acre for dry lands. Considering the evidence on record in the present appeals and in view of the order passed by the coordinate bench of this Court, I hold that the lands involved in the present appeals are semi irrigated lands and the claimants are entitled to receive the compensation at the rate of Rs.1,35,000/- per Acre. Hence, I pass the following order. O R D E R (I) The appeals are partly allowed. (II) The appellants/claimants are entitled to receive compensation at the FA 691/16 & Ors. 3 rate of Rs.1,35,000/- per Acre for their acquired lands. (III) The appellants/claimant shall be entitled to all consequential statutory benefits on the enhanced compensation as per the provisions of the Land Acquisition Act. (IV) The impugned judgments and awards of the reference court are modified accordingly. (V) Civil Application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/