1 76. FA 1291 of 2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.1291 OF 2019 RANGARAO S/O BANDU CHAVHAN VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR, YAVATMAL AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V. Ingole, Advocate for Appellant. Mr. M.A. Kadu, AGP for Respondent Nos.1 & 2-State. Ms. M. Babhulkar h/f Mr. N.M. Gaidhane, Advocate for Respondent No.3. CORAM : SUSHIL M. GHODESWAR, J. DATED : 31st JULY 2026 PER COURT :- 1. Heard learned Advocates for the parties. 2. By the instant appeal, the appellant, who is original claimant, is praying for quashing and setting-aside the common judgment and award dated 31.08.2012, passed by learned Civil Judge Senior Division, Darwha, in L.A.C. No.1793 of 2004 (Old L.A.C. No.16 of 2003), to the extent of disallowing the claim of the appellant/claimant and allow the first appeal by enhancing the amount of compensation for his acquired land at the rate of Rs.2 Lakh per hectare. 3. Mr. Ingole, learned Advocate for the appellant/claimant submits that the agricultural land of the appellant bearing Gat No.60, 2 76. FA 1291 of 2019.odt admeasuring 1 H. 21 R., situated at Village Kumbharkinhi, Tq. Darwha, Dist. Yavatmal, came to be acquired for the purpose of Construction of Canal of Kumbharkinhi Project. He submitted that there is no dispute as regards the status i.e. the said land is dry crop land. In the said acquisition proceedings, notification under Section 4 was published on 27.09.1999. The Land Acquisition Officer has passed the award on 21.03.2002 and granted the compensation at the rate of Rs.38,000/- per hectare for the acquired land. He submitted that, being aggrieved by the said award, the appellant had preferred land reference case before the learned Reference Court. Learned Reference Court vide its impugned judgment and award dated 31.08.2012, granted the compensation at the rate of Rs.1 Lakh per hectare. 4. Before proceeding further with the arguments, Mr. Ingole, learned Advocate for the appellant/claimant fairly pointed out to this Court that in First Appeal No.1274 of 2024, this Court has determined the rate for dry crop land at the rate of Rs.1,14,000/- per Hectare. He submitted that the said appeal is arising out of Gat No.29, situated at Village Kumbharkinhi, which is the same village and land of the appellant in this appeal is at Gat No.60 and same rate is therefore applicable. 5. Advocate Ms. Babhulkar holding for Mr. Gaidhane, learned Advocate for respondent No.3 submits that, it is not in dispute that the order is passed by this Court in First Appeal No.1274 of 2024. 6. In that view of the matter, as the rate in respect of same village arising out of same litigation came to be determined by this Court, therefore, the present appeal is being disposed of in following terms. Accordingly, the following order is passed. 3 76. FA 1291 of 2019.odt ORDER i) The judgment and award dated 31.08.2012, passed by learned Civil Judge Senior Division, Darwha, in L.A.C. No.1793 of 2004 (Old L.A.C. No.16 of 2003), is modified and it is held that the appellant/claimant is entitled for compensation at the rate of Rs.1,14,000/- per Hectare for dry crop land along with all statutory benefits. ii) The acquiring body is directed to calculate the appropriate compensation as per the above rate and deposit it in this Court within a period of six months from today. iii) The appellant is directed to pay the deficit court fees on enhanced amount of compensation before seeking withdrawal of the amount of compensation. iv) It is made clear that, as per order dated 02.07.2019, passed by this Court, the appellant/claimant shall not be entitled for interest on the enhanced compensation for the period of delay of 1937 days on account of delay in filing the appeal. v) The first appeal is disposed in aforesaid terms. Parties to bear their own costs. (SUSHIL M. GHODESWAR, J.) asd