(1) 48 FA-1132.2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 48 FIRST APPEAL NO. 1132 OF 2021 NARMADABA NARAYAN KOLI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 963 OF 2022 IN FAST/22383/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS DHANRAJ TOTARAM SALUNKE AND OTHERS WITH CIVIL APPLICATION NO. 961 OF 2022 IN FAST/22337/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS KOKILABAI BHAGWAT KOLI WITH CIVIL APPLICATION NO. 962 OF 2022 IN FAST/22334/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS LAKSHMIBAI RAMKRISHANA KOLI WITH FIRST APPEAL NO. 330 OF 2021 THE EX. ENGINEER, MINOR IRRIGATION JALGAON AND ANR VERSUS TULASABAI DEVRAM KOLI (DIED) THROUGH LRS SUNANDABAI AND OTHERS WITH (2) 48 FA-1132.2021.odt FIRST APPEAL NO. 1128 OF 2021 BABU KADUBA KOLI VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH FIRST APPEAL NO. 1156 OF 2021 BHAGWAN DAGADU KOLI (DIED) LRS CHHAYA AND ORS VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1127 OF 2021 KADUBA SHANKAR KOLI VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH FIRST APPEAL NO. 1157 OF 2021 DINKAR SHENFADU KOLI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1168 OF 2021 LAKSHAMIBAI RAMKRISHNA KOLI VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1169 OF 2021 KOLILABAI BHAGWAT KOLI VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1129 OF 2021 MANSAK KASAM TADVI (3) 48 FA-1132.2021.odt VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH FIRST APPEAL NO. 1130 OF 2021 BARAKU VITHOBA KOLI VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH FIRST APPEAL NO. 1173 OF 2021 BHAGWAT SHANKAR KOLI VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1170 OF 2021 DAGADU LATIF TADAVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1172 OF 2021 CHANGDEO SAILU KOLI (DIED) THR LRS VILAS AND ORS VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1171 OF 2021 DNYANESHWAR BARAKU KOLI AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 1153 OF 2021 TULSABAI DEVRAM KOLI (DIED) THROUGH LRS SUNANDABAI AND OTHERS VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS (4) 48 FA-1132.2021.odt WITH FIRST APPEAL NO. 1133 OF 2021 DEVCHAND BUDHA BORADE VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH FIRST APPEAL NO. 756 OF 2022 DHANRAJ DATTU CHAUDHARI AND OTHERS VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH FIRST APPEAL NO. 707 OF 2022 BANABAI BARKU CHAUDHARI (DIED) THROUGH LRS ANANDA BARKU CHAUDHARI VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH FIRST APPEAL NO. 706 OF 2022 SONABAI VITTHAL MAGRE (MANG) (DIED) THROUGH LRS ASHOK AND OTHERS VERSUS DISTRICT COLLECTOR, JALGAON AND OTHERS WITH CIVIL APPLICATION NO. 8417 OF 2021 IN FAST/21468/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS DEVCHAND BUDHA BORADE WITH CIVIL APPLICATION NO. 8418 OF 2021 IN FAST/21468/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS (5) 48 FA-1132.2021.odt VERSUS DEVCHAND BUDHA BORADE WITH FIRST APPEAL NO. 1471 OF 2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS MANSAK KASAM TADAVI WITH FIRST APPEAL NO. 1469 OF 2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS BARKU VITHOBA KOLI WITH CIVIL APPLICATION NO. 8422 OF 2021 IN FA/1469/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS BARKU VITHOBA KOLI WITH FIRST APPEAL NO. 1470 OF 2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS BABU KADUBA KOLI WITH CIVIL APPLICATION NO. 8423 OF 2021 IN FA/1470/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS BABU KADUBA KOLI (6) 48 FA-1132.2021.odt WITH FIRST APPEAL NO. 1468 OF 2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS KADUBA SHANKAR KOLI WITH CIVIL APPLICATION NO. 8419 OF 2021 IN FA/1468/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS KADUBA SHANKAR KOLI WITH CIVIL APPLICATION NO. 8415 OF 2021 IN FAST/21499/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS DNYANESHWAR BARAKU KOLI AND ANOTHER WITH CIVIL APPLICATION NO. 8416 OF 2021 IN FAST/21499/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS DNYANESHWAR BARAKU KOLI AND ANOTHER WITH CIVIL APPLICATION NO. 8413 OF 2021 IN FAST/21502/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS CHANGDEO SAILU KOLI (DIED) THROUGH LRS VILAS CHANGDEO KOLI AND OTHERS (7) 48 FA-1132.2021.odt WITH CIVIL APPLICATION NO. 8414 OF 2021 IN FAST/21502/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS CHANGDEO SAILU KOLI (DIED) THR LRS VILAS CHANGDEO KOLI AND ORS WITH CIVIL APPLICATION NO. 9278 OF 2021 IN FAST/22334/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS LAXMIBAI RAMKRUSHAN KOLI WITH CIVIL APPLICATION NO. 9279 OF 2021 IN FAST/22334/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS LAKSHMIBAI RAMKRISHANA KOLI WITH CIVIL APPLICATION NO. 9280 OF 2021 IN FAST/22337/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS KOKILABAI BHAGWAT KOLI WITH CIVIL APPLICATION NO. 9281 OF 2021 IN FAST/22337/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS KOKILABAI BHAGWAT KOLI (8) 48 FA-1132.2021.odt WITH CIVIL APPLICATION NO. 9276 OF 2021 IN FAST/22383/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS DHANRAJ TOTARAM SALUNKE AND OTHERS WITH CIVIL APPLICATION NO. 9277 OF 2021 IN FAST/22383/2021 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND OTHERS VERSUS DHANRAJ TOTARAM SALUNKE AND OTHERS WITH CIVIL APPLICATION NO. 8578 OF 2020 IN FAST/23159/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER VERSUS BANABAI BARKU CHAUDHARI AND OTHERS WITH CIVIL APPLICATION NO. 8579 OF 2020 IN FAST/23159/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER VERSUS BANABAI BARKU CHAUDHARI AND OTHERS WITH FIRST APPEAL NO. 123 OF 2025 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER VERSUS SONABAI VITTHAL MAGRE (DIED THR LRS) ASHOK VITTHAL MAGARE AND OTHERS (9) 48 FA-1132.2021.odt WITH CIVIL APPLICATION NO. 8615 OF 2020 IN FA/123/2025 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER VERSUS SONABAI VITTHAL MAGRE (DIED THROUGH LRS) ASHOK VITTHAL MAGARE AND OTHERS WITH CIVIL APPLICATION NO. 8612 OF 2020 IN FAST/23256/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND ANOTHER VERSUS DHANRAJ DATTU CHAUDHARI AND OTHERS WITH CIVIL APPLICATION NO. 8613 OF 2020 IN FAST/23256/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. JALGAON AND ANOTHERR VERSUS DHANRAJ DATTU CHAUDHARI AND ORS WITH CIVIL APPLICATION NO. 2243 OF 2023 IN FAST/33007/2022 IRSHADBI BHIKA TADVI (DIED) THR LRS. LATIF BHIKA TADVI (DIED) THR LRS. SABERABI AND OTHERS VERSUS THE DISTRICT COLLECTOR, JALGAON AND OTHERS ... Mr. Ajeet B. Kale, Advocate for the original claimants. Mr. A.D. Pawar, Mr. Chetan Jadhav and Mrs.Manjusha Jagtap, Advocates for the Acquiring Body in respective appeals. Mr. Rajdeep Raut, Mr. D.J. Patil and Mr. R.B.Dhaware, AGPs for respondent / State in respective appeals. ... (10) 48 FA-1132.2021.odt CORAM : SANDIPKUMAR C. MORE, J. DATED : 10 MARCH 2025 ORDER:- 1. As per the request of learned Counsel for the appellants/claimants, First Appeal No. 756 of 2022 filed by the claimants and the corresponding First Appeal (St) No. 23256 of 2020 alongwith civil applications are detagged from the group of these appeals. 2. Heard rival submissions. 3. All these appeals are filed by the respective claimants for enhancement of compensation. The Acquiring Body has also filed certain appeals challenging some of the impugned awards in the appeals filed by the claimants. However, during the pendency the learned Counsel for the appellants/claimants placed reliance on the judgment passed by the learned Reference Court in the group of LAR No. 274 of 2012 and others whereby the learned Reference Court in those matters has granted following rates for calculation of compensation in respect of the lands as well as fruit bearing and forest trees. (11) 48 FA-1132.2021.odt 1. For Bagayat Land - Rs. 10,00,000/- per Hectare 2. For Jirayat Land - Rs. 5,00,000/- per Hectare 3. For Potkharab Land - Rs. 2,50,000/- per Hectare 4. For forest trees - 60% of the amount mentioned in the valuer’s report 5. For fruit bearing trees - 80% of the amount mentioned in the valuer’s report It is to be noted that the same valuer’s report in respect of forest and fruit bearing trees is also considered in all these appeals filed by the appellants/claimants. 4. The learned Counsel for the appellants/claimants therefore submits that the compensation at the same rates be awarded in the present appeals also. The respective learned Counsel for the Acquiring Body also accepted the said position as they have already settled some other matters by granting the same rate as mentioned above. However, the respective learned Counsel for the Acquiring Body submit that the land beneath the fruit bearing and forest trees needs to be deducted while computing the compensation in respect of the lands mentioned in these appeals. The learned Counsel for the appeallants has pointed out that such deduction is already (12) 48 FA-1132.2021.odt made by the larned Reference Court in all these appeals. Therefore, there is no question of giving separate direction to the executing court while computing the amount of compensation as per the rates mentioned above. 5. In view of the same, all the first appeals (except detagged appeals) filed by the appellants / claimants for enhancement of compensation are allowed in terms of the judgment dated 12.04.2018 in group of LAR No.274 of 2012 and others and the rates mentioned in aforesaid para No.3 are granted for calculating the compensation amounts in each of these appeals. The awards be prepared in all these appeals according to the aforesaid rates and be modified accordingly. However, the rate of interest which is to be awarded under Sections 28 and 34 of the Land Acquisition Act be calculated from the date of award only. The other statutory benefits granted by the Reference Court be kept as it is. The enhanced amounts of compensation so calculated be deposited by the Acquiring Body within six months. After deposit of such amounts of enhanced compensation, the concerned appellants/claimants are entitled to withdraw the same alongwith the interest without further reference to this Court. (13) 48 FA-1132.2021.odt 6. The appeals filed by appellants/claimants (except detagged appeals) are accordingly disposed of alonwith pending civil applications, if any. Needless to say, the appeals filed by the Acquiring Body against some of the impugned judgments are also disposed of alongwith the pending civil applications, if any. (SANDIPKUMAR C. MORE, J.) VD_Dhirde