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2025 DAILYLAW 2439 (BOM)

ANANDRAO SITARAM JADHAV v. THE STATE OF MAHARASHTRA AND ORS

FA/1405/2025 · 2026-07-10

Shri S G Chapalgaonkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

916-fa-1405-2025.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1405 OF 2025 Anandrao Sitaram Jadhav VERSUS The State Of Maharashtra And Ors ... Advocate for Appellant : Ms. Laxmi Thakur h/f Mr. Patil Laxmikant C. AGP for Respondent/State : Mr. S.R. Yadav Lonikar Advocate for Respondent No.2 : Mr. Ms. Suvarna M. Zaware ... CORAM : S. G. CHAPALGAONKAR, J. DATED : JULY 10, 2026 PER COURT :- 1. Heard both sides finally with their consent. 2. Being aggrieved by judgment and order dated 22.02.2016 passed in L.A.R. No.300 of 2007, present appeal is filed for enhancement of compensation. 3. The land of the appellant measuring 2.H. 60 R. from Gat No.178 has been acquired from Village Bhaswadi (Itgyal), Taluka Mukhed, District Nanded for “Lendi Major Project”. The notification was issued on 29.01.1998. The award under Section 11 was passed on 30.03.2003. The SLAO awarded compensation of Rs.1,71,649/- in aggregate for land, trees and well. The Reference Court enhanced it by 40% by impugned judgment. The appellant is claiming enhancement by 70%. 4. Reliance is placed on common judgment dated 12.12.2025 passed in First Appeal No.257 of 2023 with connected matters. Those were the matters in respect of acquisition of lands 2026:BHC-AUG:27876 916-fa-1405-2025.odt (2) from self-same project from village Bhingoli, Taluka Mukhed, District Nanded. This Court enhanced the compensation by 70%. It has been specifically recorded that cluster of villages is affected because of project in question and lands from various villages including Bhaswadi are acquired. On ground of parity, appellant is also entitled to have same rate and enhancement in compensation. I, therefore, pass following order: ORDER (i) First appeal is allowed partly. (ii) The compensation granted by Reference court shall stand enhanced to further 70%. (iii) Save and except above modification, rest of award under challenge shall stand unaltered. (iv) The appellant shall be entitled to interest under Section 28 and 34 from date of award as per law laid down by Full Bench in case of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141]. (v) The appellant shall not be entitled to interest and statutory benefits for delayed period. (vi) The appellant shall pay deficit court fees, if any. (vii) Award be drawn accordingly. (viii) Record and proceeding be sent back to concerned Court. (S.G. CHAPALGAONKAR, J.) Mujaheed//