(1) fa-3285-2017.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 3285 OF 2017 Balasaheb Tulshiram Late Thr. L.Rs. Sarubai Babasheb Late And Others Versus The State Of Maharashtra And Others ... Mr. K. B. Jadhav, Advocate for Appellants. Mr. S.R. Yadav Lonikar, AGP for Respondent Nos.1 and 2. Mr. S.C. Arora, Advocate for Respondent No.3. … CORAM : S. G. CHAPALGAONKAR, J. DATED : APRIL 18, 2026. P.C.:- 1. The present Appeal takes exception to judgment and award dated 25.07.2008 passed by District Judge, Jalna in Land Acquisition Reference No.23/2001 and seeks enhancement of compensation granted under Land Acquisition Act. 2. The appellants were owners and possessions of land Survey/Gut No. 7/4 admeasuring 82 R situated at village Kedarwakdi, Taluka Mantha, District Jalna. The appellants’ land has been acquired for purpose of “Nimnna Dudhana Project, Selu”. On 31.03.1999, Special Land Acquisition Officer passed Award under Section 11 of Land Acquisition Act and granted compensation @ Rs.656/- per R for dry land. The appellants made Land Acquisition Reference under Section 18 of Land Acquisition Act for enhancement of compensation. The Reference Court considered entire land of appellants in category of 2026:BHC-AUG:18242 (2) fa-3285-2017.odt dry land and granted enhanced compensation @ Rs.1200/- per R. Hence, this Appeal for enhancement of compensation. 3. Mr. Jadhav, learned advocate appearing for appellants would further submit that in First Appeal No.649/2013 (Dattatraya s/o Rambhau Late and Anr. Vs. The State of Maharashtra and Others) alongwith companion matters this Court passed common judgment pertaining to same acquisition, wherein dry lands are given compensation @ Rs.2400/- per R, semi irrigated lands are given compensation @ Rs.3600/- per R and fully irrigated lands are given compensation @ Rs.4800/- per R. He would further rely upon order dated 05.01.2026 passed in First Appeal No.1896/2021 pertaining to selfsame common judgment, which is subject matter of this Appeal, wherein this Court followed rate fixed in First Appeal No.649/2013 alongwith companion matters. He would, therefore, urge that appellants be granted compensation as per land depicted in Award Statement ‘E’. 4. Mr. Arora, learned Advocate appearing for respondent no.3 do not dispute factual and legal aspects pressed into service by appellants. 5. Having considered submissions advanced by learned Advocates appearing for respective parties, it can be observed that in light of rates fixed for lands acquired for “Nimnna Dudhana Project, Selu” under common judgment passed by this Court in First Appeal No.649/2013 alongwith companion matters and subsequent judgment (3) fa-3285-2017.odt in First Appeal No.1896/2021, it is clear that this Court has approved market rate of acquired land as Rs.2400/- per R for dry land. 6. As rightly pointed out by Mr. Jadhav, learned Advocate appearing for appellants, Award Statement ‘E’ clearly depicts that appellants’ land from Gut No. 7/4 was acquired, which was dry land. The appellants would be entitled for appropriate enhanced compensation for dry land. Similarly, interest awarded by Reference Court needs to be corrected in accordance with law laid down in case of State of Maharashtra Vs. Kailash Shiva Rangari1. 7. In that view of matter, there is no difficulty in holding that appellants are entitled for compensation @ Rs.2400 per R for dry land, as classified in Award Statement ‘E’. Hence, following order is passed: ORDER a. The First Appeal is partly allowed. b. The appellants shall be entitled fo compensation @ Rs.2400/- per R for acquired portion of land as per Award Statement ‘E’. c. The appellants shall be entitled to interest under Sections 28 and 34 of Land Acquisition Act as per Full Bench judgment in case of Kailash Shiva Rangari (supra). d. The appellants shall not be entitled for interest and statutory benefit for delayed period. 1 2016 AIR (Bom.) 141. (4) fa-3285-2017.odt e. Save and except above, impugned judgment and award passed by Reference Court shall stand unaltered. f. The appellants shall pay deficit Court fees, if any. g. The Record and Proceeding be sent back to Reference Court. h. Award be drawn up accordingly. (S. G. CHAPALGAONKAR, J.) Mujaheed//