( 1 ) 902 FA 94 OF 2022+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 FIRST APPEAL NO. 94 OF 2022 FULABAI KISHAN AKAT DIED THR LRS DAMODHAR DIED THR HIS LRS KALIDAS AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 93 OF 2022 DAMODHAR TATERAO AKAT DIED THR HIS LRS KALIDAS DAMODHAR AKHAT AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 903 FIRST APPEAL NO. 1480 OF 2022 MANDODARI W/O BHAGARAM AKAT VERSUS THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS AND 904 FIRST APPEAL NO. 2214 OF 2022 MAHADEO BHAGARAM AKAT VERSUS THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS ... Mr. K. B. Jadhav, Advocate for Appellants in all matters Mr. S. N. Morampalle and Mr. N. D. Raje, AGP for Respondent-s/State in respective matters Mr. Anand Chawre, Mr. N. L. Jadhav, Advocate for Acquiring Body in respective matters … CORAM : SHAILESH P. BRAHME, J. DATE : 23.01.2026 2026:BHC-AUG:3100 ( 2 ) 902 FA 94 OF 2022+ PER COURT :- . Taken up for final disposal with the consent of the parties. 2. Appellants have approached this Court challenging judgment and award passed by the Reference Court. They are claiming enhancement in the rate relying on certain judgments. 3. The respondents would contest the appeals mainly on the ground that notification under Section 4 was issued on 15.12.1994. The rate of Rs.2500/- per Are was fixed in previous matters considering the notification issued on 31.03.1996. It is further contended that rate of Rs.2500/- was adopted from award of Lok Adalat, which cannot be made applicable in the present case. 4. Following are the material particulars of the matters : F.A.No. L.A.R.No. Gut No. Total Area Date of notification u/s. 4 Date of notification u/s. 11 SLAO awarde d rate per Are Referen ce Court enhanc ed rate per Are Classification of land Acquired area in Are Dry Land Semi Irrigated Irrigated Pot khara b 94 OF 2022 Fulabai Kishan Akat Died Thr Lrs 15/2004 497 2-H, 18-R 0.03 PK 15.12.1994 22.12.1998 Rs.320/ - Rs.1200 /- (For Dry Land) 2-H, 18-R 03-R 93 OF 2022 Damodhar Taterao Akat Died Thr lrs 09/2004 497 2-H, 18-R 0.03 PK 15.12.1994 22.12.1998 Rs.320/ - Rs.1200 /- (For Dry Land) 2-H, 18-R 03-R 1480 of 10/2003 142 1-H, 98-R 27.09.1994 22.12.1998 Rs.327/ Rs.1200 98-R 1-H ( 3 ) 902 FA 94 OF 2022+ 2022 Mandodari - Rs.490. 50 Ps /- (For Dry Land) Rs.1800 /- for irrigate d land 2214 OF 2022 Mahadeo 66/2001 141 1-H, 90-R 27.09.1994 22.12.1998 Rs.327/ - Rs.490. 50 Ps Rs.1200 /- (For Dry Land) Rs.1800 /- for irrigate d land 01-H 98-R 5. The lands of the appellants were acquired from village Satona and the notification under Section 4 was issued on 15.12.1994 in two appeals and 27.09.1994 in remaining appeals. The Reference Court awarded rate of Rs.1200/- per Are for dry land and Rs.1800/- per Are for irrigated land. This Court has taken a consistent view relying upon the rates fixed in the matters of acquisition of the lands from village Satona. In that case, notification under Section 4 was issued on 31.03.1996 and Rs.2500/- per Are for dry land is fixed. In the case at hand, the notifications are issued prior to 31.03.1996. Hence, the appellants are not entitled to claim the rate of Rs.2500/- per Are or any escalation. The reliance placed by the learned counsel for the appellants on various judgments is of no avail. 6. The rate of Rs.2500/- per Are for dry land is treated to be the standard rate. I propose to deduct 10% because the notification in the case at hand is earlier in time. The rate comes to Rs.2250/- per Are for dry land. Consequentially for irrigated land, it would be double Rs.4500/- per Are and ( 4 ) 902 FA 94 OF 2022+ for pot kharab, it would be Rs.1125/- per Are. 7. I, therefore, pass following order : O R D E R a. First Appeals are allowed partly. b. Appellants shall be entitled to receive rate of Rs.2250/- per Are for dry land, Rs.4500/- per Are for irrigated land and Rs.1125/- per Are for pot kharab land. c. Appellants shall be entitled to interest under Section 28 and 34 of the Land Acquisition Act, 1894 is payable from the date of final award as per the judgment the State of Maharashtra vs. Kailas Shiva Rangari reported in 2016(4) All MR 513. d. Appellants shall not be entitled to receive interest and statutory benefits for the delayed period. e. Save and except above modification, impugned judgment and award shall stand unaltered. f. Appellants shall pay the deficit court fees. g. Award be drawn up accordingly. h. Record and Proceeding shall be sent back. ( SHAILESH P. BRAHME, J. ) PRW