PANDHARI KONDIBA KAMBLE v. THE STATE OF MAHARASHTRA AND ORS
FA/3832/2023 · 2026-01-28
Shri Shailesh P Brahme
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2713 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2713 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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29 FA 3832 OF 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 29 FIRST APPEAL NO. 3832 OF 2023 PANDHARI KONDIBA KAMBLE VERSUS THE STATE OF MAHARASHTRA AND ORS ... Ms. L. R. Thakur h/f. Mr. L. C. Patil, Advocate for Appellant Mr. N. D. Raje, AGP for Respondent/s-State …
CORAM : SHAILESH P. BRAHME, J. DATE : 28.01.2026 PER COURT :- . Heard both sides. Taken up for final disposal with the consent of the parties.
2.
Judgment and award dated 06.05.2017 passed in LAR No.379/2007 is questioned in the First Appeal.
3.
Learned counsel for the appellant has pressed into service ground of parity by relying on common order dated 19.01.2026 passed in First Appeal No.2886 of 2025 with connected matters. It is submitted that the appellant is entitled to rate of Rs.1,25,000/- per hector considering the consistent view being taken in these matters.
4.
Learned counsel for the respondents would contest the appeal. It is submitted that the appellant has failed to make out a case for enhancement 2026:BHC-AUG:4614
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29 FA 3832 OF 2023 and the Reference Court has adequately granted the compensation.
5. The land under acquisition is from village Marajwadi, Taluka Mukhed, District Nanded which was acquired for ‘Lendi’ project. The notification under Section 4 was issued on 05.03.1998. The land is treated to be dry land which is not disputed by either of the parties.
6. Following are the material particulars of the appeal :
FA No.
LAR No. Gut No. Total Acquire d area Notification u/s.4 Award u/s. 11 date SLAO rate as per award Ld. Reference Court enhanced rate per R Covered matter court granted 3832/2023 379/2007 06.05.2017 16/2/1 dry land 0H 56R 05.03.1998 25.10.2004 35,914/- 64137/- P.H 641/- per R 10,775/- (30% more than amount awarded by SLAO) Dry Land 1,25,000/- per Hector Seasonally irrigated 1,87,500/- per Hector Perennially Irrigated 2,50,000/- per Hector
7. This Court has been taking consistent view in case of acquisitions of the lands from cluster of villages for ‘Lendi’ project in awarding rate of Rs.1,25,000/- per hector for dry land, Rs.1,87,500/- per hector for semi- irrigated land and Rs.2,50,000/- per hector for irrigated land. Present case is squarely covered by the consistent view taken by this Court. One such order is passed on 19.01.2026 in respect of acquisition of land from selfsame village and notification has been pressed into service. There is no difficulty in awarding the rate of Rs.1,25,000/- per hector to the appellant. I, therefore,
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29 FA 3832 OF 2023 pass following order :
O R D E R a. First Appeal is allowed. b. The appellant shall be entitled to the rate of Rs.1,25,000/- per hector for dry land. c. The appellant shall not be entitled to the interest and statutory benefits for the delayed period as well as lapses of 896 days. d. The appellants shall be entitled to the interest under Section 28 and 34 of the Land Acquisition Act, 1894 as per full bench judgment of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]. e. The appellant shall pay the deficit court fees. f. Record and Proceeding be sent back to the Reference Court. g. Award be drawn accordingly.
( SHAILESH P. BRAHME, J. ) PRW