IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 21 FIRST APPEAL NO. 1295 OF 2017 KAUSARALI SHAUKATALI VERSUS THE SPECIAL LAND ACQUISITION OFFICER (2) UPPER TAPI PROJECT, HATNUR, JALGAON AND ANR ... WITH FIRST APPEAL NO. 1329 OF 2017 GOPAL ANAND CHAUDHARI VERSUS THE SPECIAL LAND ACQUISITION OFFICER- UPPER TAPI PROJECT, HUTNUR- I JALGAON AND ANOTHER … Advocate for Appellant : Mr. Kale Ajeet B. AGP for Respondent/State : Mr. S.S. Dande Advocate for Respondent 2 : Mr. V.V. Tarde ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 07, 2026 PER COURT :- 1. Heard learned counsel Mr. Ajeet B. Kale for the appellant, Mr. S.S. Dande, learned AGP for State and Mr. V.V. Tarde, learned counsel for acquiring body. 2. By these appeals, the appellants-original claimants challenge the judgment and award dated 24.09.2009 passed by the learned Civil Judge, Senior Division, Jalgaon in LAR Nos. 2007/2005 and judgments and award dated 16.11.2006 passed by the learned Civil Judge, Senior Division, Jalgaon in LAR No. 123/2006. 3. Learned counsel for the appellants has placed on record a copy of the judgment delivered by the Division Bench of this Court in Special Land Acquisition Officer (III), Jalgaon and another vs. Bhagwat Vitthal Sonwane, reported in 2009 (4) Mh.L.J. 308 arising out of the same project. He 2026:BHC-AUG:41943 submits that, in the said case, this Court determined the market value of the acquired jirayat land at the rate of Rs.2,00,000/- per hectare, bagayat land at twice the rate of jirayat land, i.e. Rs.4,00,000/- per hectare, and potkharab land at the rate of Rs.1,00,000/- per hectare. In the present case, the learned Reference Court has determined the market value of the acquired jirayat land at the rate of Rs.1,95,000/- per hectare in LAR No. 2007/2005 and Rs. 2,50,000/- per hectare for Bagayat land in LAR No. 123/2006. He, therefore, submits that the rates of compensation determined in the aforesaid judgment may be applied to the acquired lands in the present case. 4. Learned AGP appearing for the respondent-State, concedes the aforesaid position. 5. The learned reference court has already treated acquired land from Gat No. 73 as Bagayat land in LAR No. 123/2006. As far as land bearing Gat No. 104/3 involved in LAR No. 2007/2005 is concerned, the learned reference court has treated the acquired land as jirayat land and as far as fruit bearing trees are concerned, though there was well in existence, compensation was paid by the SLAO towards well. Therefore, the land acquired from Gat No. 104/3 needs to be treated as seasonal irrigated land and as per the judgment referred above, compensation of Rs.3,00,000/- per H. needs to be granted for the acquired land from Gat No. 104/3. 6. In view of the aforesaid judgment of the Division Bench, the appellants would be entitled to compensation at the rates determined therein. The First Appeals, therefore, deserve to be partly allowed and the impugned judgments and awards deserve to be modified to that extent. Hence, the following order: O R D E R I. The First Appeals are partly allowed. II. The judgment and award dated 24.09.2009 passed by the learned Civil Judge, Senior Division, Jalgaon in LAR Nos. 2007/2005 and judgments and award dated 16.11.2006 passed by the learned Civil Judge, Senior Division, Jalgaon in LAR No. 123/2006 is modified to the extent indicated hereinbelow. III. The claimants shall be entitled to compensation for the acquired land at the rate of Rs.2,00,000/- per hectare for jirayat land, Rs. 3,00,000/- per hectare for semi-irrigated land, Rs.4,00,000/- per hectare for bagayat land and Rs.1,00,000/- per hectare for potkharab land. IV. The claimant shall be entitled to all consequential statutory benefits on the enhanced amount of compensation, in accordance with the provisions of the Land Acquisition Act, 1894. V. The claimant shall be entitled to interest under Section 34 of the Land Acquisition Act, 1894, strictly in accordance with the Full Bench judgment of this Court in State of Maharashtra vs. Kailas Shiva Rangari. VI. Save and except the aforesaid modification, the Judgment and Award passed by the learned Reference Court shall remain unaltered. VII. The appellant shall pay the deficit Court-fees, if any. VIII. The modified award be drawn accordingly. IX. Pending civil applications, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/