FA-2061-2021+ -1- IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2061 OF 2021 1. Waman s/o Bhujaji Devde (Died) Through Lrs 1/1. Eknath s/o Wamanrao Devde Age 55 years, Occupation Agriculture, 1/2. Bhagwan s/o Wamanrao Devde Age 45 years, Occupation Agriculture, 2. Dnyanoba s/o Jijabhau Devde, Age 50 years, Occupation Agriculture, 3. Sopan s/o Jijabhau Devde, Age 48 years, Occupation Agriculture, 4. Subhash s/o Jijabhau Devde, Age 40 years, Occupation Agriculture, All R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. 2025:BHC-AUG:19252 FA-2061-2021+ -2- at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2047 OF 2021 1. Sitaram s/o Jaiku Nirwal Age 60 years, Occupation Agriculture, 2. Madan s/o Jaiku Nirwal Age 56 years, Occupation Agriculture, 3. Tukaram s/o Jaiku Nirwal Age 58 years, Occupation Agriculture, All R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents FA-2061-2021+ -3- WITH FIRST APPEAL NO. 2071 OF 2021 1. Vijaykumar s/o Babasaheb Bagal Age 35 years, Occupation Agriculture, 2. Ramnath s/o Babasaheb Bagal Age 30 years, Occupation Agriculture, Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2064 OF 2021 1. Prabhawatibai @ Parwati w/o Narayan Phatake Age 65 years, Occupation Agriculture, 2. Digambar s/o Dattatray Phatake Age 60 years, Occupation Agriculture, FA-2061-2021+ -4- Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2062 OF 2021 1. Sitaram s/o Jaiku Nirwal Age 60 years, Occupation Agriculture, 2. Madan s/o Jaiku Nirwal Age 56 years, Occupation Agriculture, 3. Tukaram s/o Jaiku Nirwal Age 58 years, Occupation Agriculture, All R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] FA-2061-2021+ -5- Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2067 OF 2021 1. Devrao s/o Yogaji Bagal (died) 2. Tanabai w/o Devrao Bagal (died) through their LRs. 2A. Sopan s/o Devrao Bagal Died Through LRs 2A-1. Balasaheb s/o Sopanrao Bagal Age 47 years, Occupation Agriculture, 2A-2. Mahadev s/o Sopanrao Bagal Age 35 years, Occupation Agriculture, Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants FA-2061-2021+ -6- [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2066 OF 2021 1. Suresh s/o Pandharinath Bagal Age 48 years, Occupation Agriculture, 2. Trimbak s/o Pandharinath Bagal Age 35 years, Occupation Agriculture, Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna FA-2061-2021+ -7- Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2069 OF 2021 1. Dnyanoba s/o Parbata Ghuge Age 60 years, Occupation Agriculture, R/o. Village Mangrul, Taluka Mantha, District Jalna. 2. Udhavrao s/o Vankatrao Borade Died his LRs 2.1 Dnyanoba s/o Udhavrao Borade Age 45 years, Occupation Agriculture, 2.2 Tukaram s/o Udhavrao Borade Age 40 years, Occupation Agriculture, Both R/o. Village Patoda, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna FA-2061-2021+ -8- Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2065 OF 2021 1. Dnyanoba @ Dnyandev s/o Abarao Bagal Age 35 years, Occupation Agriculture, 2. Dhondiba @ Dhondiram s/o Abarao Bagal Age 44 years, Occupation Agriculture, Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. FA-2061-2021+ -9- at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2308 OF 2021 1. Santosh s/o Vishnu Awachar Died through LRs 1/1. Shilpa w/o Santosh Awachar Age 38 years, Occupation Agriculture, 1/2. Abhishek s/o Santosh Awachar Age 19 years, Occupation Student, 1/3. Narayan S/o Santosh Awachar Age 18 years, Occupation Student, All R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. FA-2061-2021+ -10- at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2063 OF 2021 Sampatrao s/o Niwrati Bagal (died) 1. Satyabhamabai w/o Sampatrao Bagal, Age 75 years, Occupation Agriculture, 2. Ganesh s/o Sampatrao Bagal, Age 55 years, Occupation Agriculture, 3. Munjaji Sampatrao Bagal (died) Through his Legal Heir’s 3.1 Sushila w/o Munjaji Bagal Age 58 years, Occupation Household, R/o. Village Mangrul, Taluka Mantha, District Jalna. 3.2 Krishna s/o Munjaji Bagal Age 29 years, Occupation Agriculture, R/o. Village Mangrul, Taluka Mantha, District Jalna. 3.3 Rameshwar s/o Munjaji Bagal Age 24 years, Occupation Agriculture, R/o. Village Mangrul, Taluka Mantha, District Jalna. 4. Parmeshwar s/o Sampatrao Bagal, Age 50 years, Occupation Agriculture, R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] FA-2061-2021+ -11- Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2070 OF 2021 Kisan s/o Bapurao Lahane Died Through LRs 1. Chandrakala w/o Kisan Lahane Age 55 years, Occupation Agriculture, 2. Amol s/o Kisan Lahane Age 24 years, Occupation Agriculture, 3. Deepak s/o Kisan Lahane Age 21 years, Occupation Agriculture, Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus FA-2061-2021+ -12- 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents WITH FIRST APPEAL NO. 2068 OF 2021 1. Uttam s/o Pratap Jadhav Age- years, Occupation Agriculture, 2. Bansi s/o Pratap Jadhav Age- years, Occupation Agriculture, Both R/o. Village Mangrul, Taluka Mantha, District Jalna. … Appellants [Orig. Claimants] Versus 1. The State of Maharashtra Through the Collector, Jalna. 2. The Special Land Acquisition Officer, Krishna Khore, District Jalna Since this department is abolished - at present FA-2061-2021+ -13- The Sub Divisional Officer at Partur, Taluka Partur, District Jalna. 3. The Executive Engineer Lower Dudhana Project Division, Selu, Taluka Sailu, District Parbhani. at present The Executive Engineer, Jalna Irrigation Department, Near Motibagh, Jalna, Taluka and District Jalna. … Respondents ... Mr. V. D. Bhise, Advocate for the Appellants. Mr. N. D. Batule, AGP for Respondent Nos. 1 and 2. Mr. N. U. Yadav, Advocate for Respondent No.3. ... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 15.07.2025 Pronounced on : 24.07.2025 JUDGMENT : 1. All these appeals are preferred by the respective appellants, who are the original claimants, for seeking enhancement of compensation amounts awarded by the learned District Judge – 2, Jalna (hereinafter referred to as “the learned Reference Court”) under the respective judgments. 2. The subject lands in all these appeals, which are situated at village Mangrul, are acquired by the Government for Nimna Dudhana Project vide Notification dated 19.06.1997 issued under Section 4 of the Land Acquisition Act. FA-2061-2021+ -14- 3. Learned counsel for the appellants as well as learned counsel for the acquiring body, in all these appeals, made a joint submission before this Court that all these appeals can be disposed off in view of the order dated 19.08.2022 passed by this Court in First Appeal No. 1958 of 2018 with First Appeal No. 2485 of 2016. 4. On perusal of the aforesaid order, it appears that this Court has relied upon certain earlier orders in the appeals arising out of the same acquisition, which were settled before the Lok Adalat with an agreement between the rival parties on the rate of Rs.2400/- per Are in respect of dry lands. 5. Learned counsel for the appellants as well as learned counsel for the acquiring body, in all these appeals, also made a joint submission that some of the other connected matters arising out of the same acquisition, were settled before the Lok Adalat and the rate of Rs.3600/- per Are was granted for semi-irrigated lands and Rs.4800/- was granted for fully irrigated lands. Thus, it appears that, learned counsel for respective appellants as well as learned counsel for the acquiring body, in all these appeals, are in agreement for following rates as per the specification of the lands : FA-2061-2021+ -15- Classification Rate Dry Lands Rs.2400/- per Are Semi-irrigated Lands Rs.3600/- per Are Fully-irrigated Lands Rs.4800/- per Are Potkharab lands Rs.1200/- per Are 6. Learned counsel for the respective parties in all these appeals submit that, they completely agree with the observations of the learned Reference Court in respect of classification/categorization of the lands in the impugned judgments. 7. In view of the above, following order is passed : ORDER I. In all these appeals, respective appellants-claimants shall be entitled for the rate of compensation as agreed between themselves and the acquiring body, which is as follows : Classification Rate Dry Lands Rs.2400/- per Are Semi-irrigated Lands Rs.3600/- per Are Fully-irrigated Lands Rs.4800/- per Are Potkharab lands Rs.1200/- per Are II. The appellants-claimants shall also be entitled to get interest under Section 28 and 34 of the Land Acquisition Act, 1894, from the respective dates of awards passed by the Special Land Acquisition Officer. FA-2061-2021+ -16- III. The appellants-claimants shall be entitled to get interest @ 12% per annum as a special component from the date of Notification under Section 4(1) of the Land Acquisition Act, 1894, till the date of passing respective awards by the Special Land Acquisition Officer, as per Section 23(1A) of the Act. IV. The appellants-claimants shall also be entitled to get 30% solatium on the difference of market value under Section 23(2) of the Land Acquisition Act, 1894. V. However, the appellants-claimants shall not be entitled for interest or any other monetary benefits for the period of delay, if any, caused in filing appeals. VI. The awards be modified accordingly. VII. The appeals are accordingly disposed of. No order as to costs. VIII. Pending Civil Applications, if any, stand disposed off. IX. Liberty to pay deficit court fee, if any, within two weeks after it is computed by the office. X. Record and Proceedings be sent back to the Reference Court. [ABHAY S. WAGHWASE, J.] vre