10-FA-1702-2017.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 10 FIRST APPEAL NO. 1702 OF 2017 Rukhmabai Uttam Mali VERSUS District Collector, Jalgaon And Others AND FIRST APPEAL NO. 1701 OF 2017 Prashant Yadav Ahire VERSUS District Collector, Jalgaon And Others …... Mr. B.K. Pawar, Advocate h/f Mr. A.B. Kale, Advocate for Appellant Mr. A.M. Phule, AGP for Respondent Nos.1 and 2 Mr. V.V. Tarde, Advocate for Respondent Nos.3 and 4 …... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 04 SEPTEMBER, 2026 PER COURT : 01. The learned counsel appearing for the appellants tenders across the Bar a copy of the order dated 15.07.2026 passed by the Coordinate Bench of this Court in First Appeal No.1705 of 2017 and connected matters. He submits that the controversy involved in the present appeals is squarely covered by the said order, as the lands were acquired for the same project i.e. Minor Irrigation Tank, Mundkheda, Taluka Chalisgaon, District Jalgaon and the issues arising in these appeals are identical. He, therefore, prays that the present appeals be disposed of in terms of the said order. The learned counsel appearing for respondents No.3 and 4-acquiring body as well as the 2026:BHC-AUG:41877 10-FA-1702-2017.odt 2 learned AGP appearing for the State fairly concede the said position. 02. These appeals are arising out of common impugned judgment and award dated 20.01.2017 passed by the learned 2nd Joint Civil Judge, Senior Division, Jalgaon in the respective land acquisition references filed by the appellants herein. The learned Reference Court by way of award has enhanced the compensation for the lands acquired by the respondents. He urged to allow these appeals. The award and the notification are the same. The lands are acquired for the same project and therefore, the matters are taken up together for final disposal. 03. By way of the award the same rate was awarded. The appellants had filed the references claiming enhancement of compensation for their acquired land. The learned Reference Court, however, awarded the amount @ Rs.16,00,000/- per hectare for Bagayat land and Rs.8,00,000/- per hectare for Jirayat land. This Court in First Appeal No. 2211/2014 awarded Rs. 8,00,000/- per hectare for dry land and Rs. 16,00,000/- per hectare for Bagayat land vide its judgment and order dated 12.10.2015. 04. The order of the Reference Court is only by increasing the amount of compensation and rest of the award was maintained as it is. The learned Advocates for the respondents do not dispute this position. It is also accepted that in view of this judgment some of the matters from the same award were even settled in Lok Adalat in District Court where the references were pending and such references were disposed off in view of the judgment 10-FA-1702-2017.odt 3 dated 12.10.2015. It is informed that present matters were only left out from the group for some technical reasons. This Court by judgment and order dated 12.10.2015 has already considered the claims of the parties, the evidence led before the learned Reference Court and has modified award as stated therein. This Court finds that there is no reason to take a different view when the parties accept that the said judgment and order was in respect of the same village and in respect of the same project and the position of land is also similar. 05. This Court, therefore, finds that as regards the trees are concerned, it was decided that the claimants would be entitled to receive 80% amount of the valuation, as submitted before the Reference Court and on the basis of the evidence of valuer. This Court finds that there is no propriety in taking any different view. In view of this, these appeals are allowed by only modifying the amount of compensation as Rs. 8,00,000/- (Rupees Eight Lakhs Only) per hectare for dry land and Rs. 16,00,000/- (Rupees Sixteen Lakhs Only) per hectare for Bagayat/Irrigated land and 80% of the amount of valuation for the trees. The modified amounts of compensation in the First Appeals shall be as per the chart given below:- Sr. No. FA No. Name of Party Gat No. LAR No. Lad Admeasuring 1. 1702 of 2017 Rukhmabai Uttam Mali 178/2 175/2 484 of 2010 0 H 50 R 1 H.25 R 0.08 P.K. 2. 1701 of 2017 Prashant Yadam Ahire 135 481 of 2010 1 H 83 R 10-FA-1702-2017.odt 4 06. The appellants-claimants shall be entitled for the compensation for the trees @ 80% of the amount in the valuation report. 07. In view of the above, the appeals stand partly allowed and are accordingly disposed of. 08. Needless to say that the other statutory benefits as granted by the Reference Court are upheld and maintained. 09. It is further clarified that the claimants will be entitled to receive the interest as per Law. 10. Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane