BHAUSAHEB CHUDAMAN PATIL AND ANOTHER v. THE STATE OF MAHARASHTRA THR. THE COLLECTOR DHULE AND OTHERS
FA/2271/2016 · 2026-08-29
body2016
DailyLaw.ai
[ 2016 DAILYLAW 2608 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2016 DAILYLAW 2608 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
910-FA-2271-2016.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 FIRST APPEAL NO. 2271 OF 2016 Bhausaheb Chudaman Patil And Another VERSUS The State Of Maharashtra Through The Collector Dhule And Others …… Mr. V.B. Patil, Advocate for the Appellants Mr. S.N. Morampalle, AGP for Respondents Nos.1 and 2 Mr. S.S. Chillarge, Advocate for the Respondent No.3-Acquiring body ……
CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29 AUGUST, 2026 PER COURT :
1. Heard the learned counsel for the respective parties.
2. The present appeal arises out of the Judgment and Award dated 24.12.2010 passed by the learned Civil Judge, Senior Division, Nandurbar in Land Acquisition Reference No.489 of 2005.
3.
Learned counsel Mr. V.B. Patil for the appellants has tendered across the Bar a copy of the order dated 05.08.2026 passed by this Court in First Appeal No.3074 of 2013 and connected matters, wherein this Court, while determining the market value, has relied upon the order dated 08.01.2026 passed by the Coordinate Bench of this Court in First Appeal No.1675 of 2015 and connected matters. He submits that the land of the appellants was acquired from village Karli, Taluka and District Nandurbar, for the same public purpose, i.e. Minor Irrigation Works for Amravati Nala, under the 2026:BHC-AUG:39527
910-FA-2271-2016.odt 2 same notification as involved in the said appeals. It is, therefore, submitted that the controversy involved in the present appeal is squarely covered by the order dated 05.08.2026 passed in First Appeal No.3074 of 2013 and connected matters and, consequently, the present appeal deserves to be
disposed of in terms thereof. The learned AGP appearing for the State as well as the learned counsel for the Acquiring Body fairly concede the aforesaid position.
4. Having considered the submissions advanced by the learned counsel for the respective parties and since the controversy involved in the present appeal is admittedly covered by the aforesaid order of this Court, I see no reason to take a different view. The present appeal, therefore, deserves to be
disposed of in terms of the order dated 05.08.2026 passed in First Appeal No.3074 of 2013 and connected matters. Hence, the following order:
O R D E R (i) The present appeal is partly allowed. (ii) The Judgment and Award dated 24.12.2010 passed by the learned Civil Judge, Senior Division, Nandurbar in Land Acquisition Reference No.489 of 2005 is modified to the extent that the claimants shall be entitled to receive compensation at the rate of Rs.3,00,000/- per Hectare for semi- irrigated land.
910-FA-2271-2016.odt 3 (iii) The 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. (iv) It is clarified that the claimants shall not be entitled to enhanced compensation for the delayed period. (v) The claimants shall pay deficit Court fees, if any, on the enhanced compensation. (vi) The modified award be drawn accordingly. (vii) Rest of the Judgment and Award passed by the learned Reference Court shall remain unaltered. (viii) Pending Civil Applications, if any, stand disposed of.
[ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane