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2025 DAILYLAW 11155 (BOM)

SHAIKH AFSAR SHAIKH LATIF v. THE STATE OF MAH AND ORS

FA/235/2010 · 2025-10-10

Shri R M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - fa235.10.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 976 FIRST APPEAL NO. 235 OF 2010 Shaikh Afsar Shaikh Latif ….Appellant VERSUS The State of Maharashtra & others …..Respondents Mr. V. D. Bhise, Advocate holding for Mr. A. R. Kawade, Advocate for the Appellant. Mr. S. C. Arora, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 410 OF 2010 Shaikh Mehmood Shaikh Mohammad (Deceased through LRs) & another .. Appellants VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate for Appellants. Ms. M. B. Gangwal, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 425 OF 2010 Halimabee Shaikh Chand ..… Appellant VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate holding for Mr. P. A. Pisal, Advocate for Appellant. Ms. M. B. Gangwal, Advocate for Respondent No. 3. - 2 - fa235.10.odt WITH FIRST APPEAL NO. 408 OF 2010 Shikh Bashir Shaikh Abdul (Deceased through LRs) & others ..… Appellants VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate holding for Mr. P. A. Pisal, Advocate for Appellant. Mr. S. C. Arora, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 3130 OF 2013 Dadamiya S/o Sk. Kasam (Deceased through LRs) & another ..… Appellants VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate for the Appellants. Mr. S. C. Arora, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 1771 OF 2013 Bapurao Sadashiv Shirsat (Deceased through LRs) & others ..… Appellants VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate for Appellants. Mr. S. C. Arora, Advocate for Respondent No. 3. - 3 - fa235.10.odt WITH FIRST APPEAL NO. 409 OF 2010 Shaikh Ayyub Shaikh Maheboob ..… Appellant VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate holding for Mr. P. A. Pisal, Advocate for Appellant. Ms. M. B. Gangwal, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 3323 OF 2011 WITH CIVIL APPLICATION NO. 8466 OF 2019 IN FA/3323/2011 Dinesh Mukundrao Ambhure ..… Appellant VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate for the Appellant. Ms. M.B. Gangwal, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 224 OF 2010 Shaikh Dastagir Shaikh Hussain & others ..… Appellants VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate holding for Mr. A. R. Kawade, Advocate for appellants. Mr. S. C. Arora, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 225 OF 2010 - 4 - fa235.10.odt Shaikh Pasha Shaikh Usman ..… Appellant VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate holding for Mr. A. R. Kawade, Advocate for appellants. Mr. S. C. Arora, Advocate for Respondent No. 3. WITH FIRST APPEAL NO. 223 OF 2010 Shaikh Kasam Shaikh Usman ..… Appellant VERSUS The State of Maharashtra & others .....Respondents Mr. V. D. Bhise, Advocate holding for Mr. A. R. Kawade, Advocate for Appellant. Mr. S. C. Arora, Advocate for Respondent No. 3. CORAM : R. M. JOSHI, J. DATE : 10th OCTOBER, 2025. PER COURT : 1. Not on board. By consent of both sides, taken on board. 2. Learned counsel for both sides make a unanimous statement that present Appeals are arising out of acquisition under which the claims are decided by this Court in First Appeal No. 197/2005 and - 5 - fa235.10.odt others vide order dated 29.04.2025. They seek order in present Appeals on the same line. 3. Having regard to the aforestated facts, Appeals stand allowed in following terms :- ORDER (i) First Appeals are partly allowed with proportionate costs. (ii) The Appellant/s shall be entitled for the enhanced compensation of their land i.e. for dry land @ Rs. 1728/- per R, for partially irrigated land Rs. 2,592/- per R and for fully irrigated land Rs. 3,456/- and for Pot Kharab land @ Rs. 864/- per R based on the class of their lands alongwith the statutory benefits, excluding interest and statutory benefits for the period of delay as well as for the period from the date of notification under section 4 of the Act till the date of Award under section 11 of the Act. (iii) All First Appeals are accordingly disposed of. (iv) In view of disposal of first appeals, all pending civil applications stand disposed of. ( R. M. JOSHI) Judge dyb