FA-2467-2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2467 OF 2021 Vishwanath Motiram Chaoudhari [Died] Through Lrs 1] Godabai Vishawanath Ghaoudhari, Age : 66 years, Occu Agri, 2] Bhagwant Vishawanath Chaoduhari, Age: 46 years, Occu: Agri, 3] Dattaraya Vishwanath Chaoudhari, Age: 42 years, Occu: Agri., 4] Sulochana Ramesh Mahajan, Age : 48 years, Occu: Household, All R/o Higane [Bk], Tq. Jamner, Dist. Jalgaon. ….Appellants [Original Claimants] VERSUS 1. The Special Land Acquisition Ofcer, Upper Tapi Project, Hatnur – 1, Jalgaon. 3. The Executive Engineer, Waghur Project Division, Jalgaon Dist. Jalgaon. …..Respondents [Original Respondents] Appearance Mr. Vijay Y. Patil, Advocate for the Appellants Mr. D. J. Patil, AGP for Respondent No.1 - State Mr. Shivraj B. Kadu, Advocate for Respondent No.2 CORAM : NEERAJ P. DHOTE, J. DATE : 7th May, 2025 1 2025:BHC-AUG:13686 FA-2467-2021.odt FINAL ORDER : 1. This is an Appeal by the Legal Representatives [L.Rs] of the Original Claimant – Vishwanath Motiram Chaoudhari for further enhancement in the compensation awarded by the learned Reference Court, in Land Acquisition Proceeding [LAR] No.110/2006. 2. It is submitted by the learned Advocate for the Appellants, learned AGP for Respondent No.1 – State and the learned Advocate for Respondent No.2 - Acquiring Body that, the learned Reference Court has awarded the rates to the acquired land as follows :- “1. Rs.2,50,000/- per hectare for ‘Bagayat Land’; 2. Rs.1,25,000/- per hectare for ‘Jirayat Land’ 3. They submit that, the connected Appeals arising out of the same Award and the same Land Acquisition Proceedings are decided by this Court and the Acquiring Body has accepted the rates of Rs.2,00,000/- per hectare for ‘Jirayat Land‘ and Rs.4,00,000/- per hectare for ‘Bagayat Land’. They submit that, the said Appeals are First Appeal No.1293/2017 and First Appeal No.1315/2017 decided by the order dated 02/05/2017, First Appeal No.1367/2020 decided by the order dated 03/07/2024, the group of First Appeals, out of which, one is First Appeal No.1115/2021 decided by order dated 02/11/2023 and the group of First Appeals, out of which, one is First Appeal No.2352/2017 decided by the order dated 13/02/2024. The said rates 2 FA-2467-2021.odt have been applied to the acquired lands. They submit that, this Appeal be disposed of in terms of the above referred orders. 4. It is submitted by the learned Advocates for the parties that, one of the Appeal bearing First Appeal Stamp No.29318/2015 was disposed of in National Lok-Adalat by adopting the said rates. 5. There is no dispute that, the lands of the Appellants, which were the subject matter in Land Acquisition Reference No.110/2006, were situated at Village Hingane Budruk, Taluka - Jamner, District – Jalgaon and were acquired for ‘Waghure Project’. The operative order of the Judgment in Land Acquisition Reference No.110/2006 shows that, the acquired lands were in the category of ‘Jirayat Land’, ‘Bagayat Land’ and ‘Pot Kharab Land’. Hence, by consent of both the sides, the Appeal is disposed of in terms of the above referred orders. 6. The compensation awarded by the learned Reference Court to the Appellants is modifed in terms of the rates accepted by the Acquiring Body i.e. Rs.2,00,000/- per hectare for ‘Jirayat Land’ and Rs.4,00,000/- per hectare for ‘Bagayat Land’. 7. The Appellants shall pay the defcit court fees, if any. 3 FA-2467-2021.odt 8. The remaining compensation, interest and the statutory benefts would be worked out accordingly by the Executing Court. 9. The Award be modifed accordingly. 10. The Appeal stands disposed of accordingly. Pending Civil Applications, if any, stands disposed of. [NEERAJ P. DHOTE, J.] Sameer/- 4 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 08/05/2025 18:27:48