FA.1586.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1586 OF 2023 Fatrusab s/o. Ismailsab (Died), Through L.Rs. 1/1 Goribi w/o. Fatrusab and others ..Appellants Vs. The State of Maharashtra, Through District Collector, Nanded and others ..Respondents ---- Mr.Shubham M. Kakde, Advocate for appellants Mr.S.P.Sonpavale, AGP for respondent nos.1 and 2 Mr.S.B.Patiil, Advocate for respondent no.3 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 01, 2026 ORDER :- Feeling aggrieved by the judgment and award dated 09.04.2009 passed by learned Civil Judge, Senior Division, Kandhar, Dist. Nanded, in L.A.R. (New) No.32 of 2007/L.A.R. (Old) No.20/2006 the claimants is before this court. 2. At the request of Mr.Shubham Kakde, learned advocate for the appellants the First Appeal is taken up for final disposal at admission stage. The appellants are owner of agricultural land 2026:BHC-AUG:40591 2 FA.1586.2023 admeasuring 1 H 34 R situated at Village Rawangaon, Tahsil Mukhed, Dist. Nanded. The said land is acquired by respondent nos.2 and 3 for a public purpose namely Lendi Project. It was a compulsory acquisition for the purpose of submergence area for said Lendi Project. The entire procedure for land acquisition was conducted as per the Land Acquisition Act. The compensation was awarded at the rate of Rs.67,104 per hectare. 3. Feeling aggrieved by the deficit compensation, the appellants lodged Land Acquisition Reference before the reference court. After hearing the parties and scrutinising the evidence, compensation was granted to the appellants enhancing rate to Rs.82,104 per hectare. Feeling aggrieved thereby, present appeal is filed by the claimants. 4. The appeal is pressed for final disposal citing an order dated 14.08.2026 passed by this court in First Appeal No.3206 of 2009 (Anwaribegum Asifoddin Patel Vs. State of Maharashtra and others). Mr.Kakade, learned advocate for the appellants submits that the cited matter also arises out of the same land acquisition proceedings which is the subject-matter of present appeal. It is further submitted that placing reliance on earlier order dated 18.06.2026 passed by this court in First Appeal No.3676 of 3 FA.1586.2023 2008 and connected matters, this court granted enhancement to those appellants fixing the rate as follows:- Non-Irrigated Land Irrigated Land Semi-Irrigated Land Rs.2,723/- per R Rs.5,446 Per R Rs.4,084 per R 5. It is further submitted that in the cited matter, for the part of interest reliance is placed on the judgment rendered by the full bench of this court in the case of State of Maharashtra Vs. Kailas Shiva Rangari, 2016(4) All MR 513. 6. Mr.Kakade, learned advocate submits that the appellants’ land is dry land and hence on the principle of parity, enhancement may be granted at the rate of Rs.2,723 per R, as is ordered in Anwaribegum Asifoddin Patel (supra). 7. Mr.S.B.Patil, learned advocate for respondent no.3 fairly agrees with the submissions made by Mr.Kakade, learned advocate for the appellants. He would not dispute that the subject-matter land of the present appellants is not different from the land for which this court had fixed rates by the cited order. As such, he submits that the First Appeal may be disposed of in terms of the cited order. 4 FA.1586.2023 8. In view the above, I have no hesitation to allow the appeal partly. Hence, I pass the following order:- O R D E R I. The First Appeal is partly allowed. II. The judgment and award dated 09.04.2009 passed by learned Civil Judge, Senior Division, Kandhar, Dist. Nanded, in L.A.R. (New) No.32 of 2007/L.A.R. (Old) No.20/2006 is modified to the following extent. III. The appellants-claimants shall be entitled to compensation at the rate of Rs.2,723/- per R for non-irrigated land admeasuring 1 H 34 R situated at Village Rawangaon, Tahsil Mukhed, Dist. Nanded. IV. The appellants-claimants shall be entitled to all consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894. V. The appellants - claimants shall be entitled to interest under Section 34 of the Act, strictly in accordance with the Full Bench decision in State of Maharashtra vs. Kailas Shiva Rangari, (supra). 5 FA.1586.2023 VI. The appellants - claimants shall not be entitled to statutory benefits for the period of delay, if any, condoned by this Court. VII. The appellants - claimants shall deposit the deficit court fees, if any, within a period of four weeks from today. VIII. The rest of the Judgment and Award passed by the learned Reference Court stands confirmed. IX. The acquiring body shall deposit the amount of enhanced compensation in this court within a period of six months from today. Upon such deposit, the appellants are permitted to withdraw such amount without making any separate Civil Application. X The modified Award be drawn accordingly. [AJIT B. KADETHANKAR, J.] ……….. KBP