1 915-FA-3368-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 915 FIRST APPEAL NO. 3368 OF 2025 Babasaheb Sahebrao Kendhale VERSUS The State Of Maharashtra Through Collector, Jalna And Others ... Mr.Shubham M. Kakde And Adv. D.M. Kakade for the Appellant. Ms.Vaishali Chaudhar, AGP for the State. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 21.08.2026 PER COURT : 1. It is submitted by the learned Advocate appearing for the Appellant that the present Appeal is arising out of the Judgment and Award passed by the 4th Joint Civil Judge Senior Division, Jalna in LAR No.1179 of 2010, old 136 of 2009. It is submitted that by a common Judgment the aforementioned reference has been decided by the Civil Judge Senior Division, Jalna by order dated 25th August, 2015. The learned Advocate for the Appellant relies on the decision rendered by this Court First Appeal No.3279 of 2025. According to him this order is in respect of one of the LAR which is decided by the common order which is under challenge in the present First Appeal. The copy of the First Appeal relied upon the Appellant is taken on record and marked as ‘X’ for identification. Sunny Thote 2026:BHC-AUG:38634 2 915-FA-3368-2025.odt 2. The learned Advocate for the Acquiring Body although opposes the Appeal does not dispute that the decision in First Appeal No.3279 of 2025 is in respect of the LAR No.1181 of 2010, filed by the claimants for enhancement of compensation in the First Appeal. After considering the merits of the matter, this Court enhanced the compensation to Rs. 3,779/- per R for dry land and Rs. 1,890/- per R for pot kharab land, having regard to the classification of the lands by the learned Reference Court. Since the parties are similarly situated and there is no material difference in the nature and classification of their lands, and as the claims arise out of the common Judgment passed by the learned Civil Judge, Senior Division, Jalna, in L.A.R. No. 1179 of 2010 and connected matters, the same principle is applicable to the present case. The present Appeal is taken up for final disposal by the consent of the parties. 3. The present Appeal is filed against the LAR No.1180 of 2010, Old 134 of 2009. The land of the Appellant in Gut No.109 of village Kendhale Pokhari, Taluka Mandha, District Jalna to the extent of 1H. 20R. has been acquired. The land acquisition proceedings were initiated by Notification dated 12th September, 2006 and award came to be passed on 30th April, 2008. Finding the compensation to be inadequate the claimants have preferred LAR No.1180 of 2010 under Section 18 of the Sunny Thote 3 915-FA-3368-2025.odt Land Acquisition Act, 1894. The reference was decided after taking into consideration the oral and documentary evidence and 4th Joint Civil Judge Senior Division, Jalna by Judgment and Award dated 25th August, 2015 has enhanced the amount of compensation to Rs.1200 per R for non irrigated and Rs.600 per R for pot kharab land. Thus, being aggrived by the insufficiency of enhancement the present Appeal has been filed. While deciding the First Appeal No.3279 of 2025, this Court has taken into consideration the common Judgment dated 26th February, 2026 in First Appeal No.3295 of 2025 and the comparison in respect of the land involved in that First Appeals. After taking into consideration, the gap between the notifications issued in the two land acquisition references, the Court has arrived at a conclusion that the rate of Rs.3,779/- per R for dry lands and Rs.1,890/- per R for pot kharab land would be appropriate amount admissible to the claimants. In the said order, comparison was made by this Court in respect of First Appeal Nos. 3295 of 2025 and 3296 of 2025, and the rates which are made admissible to the claimants therein. But, so far as present Appeal is concerned, according to the Appellant as well as the Acquiring Body, the land is present appeal is part of the same project decided by the same award and classification made is also similar, which is as follows : Sunny Thote Sr. No. F.A. No. L.A.R. No. Gut No. Total Area U/Sec 4 Notificat ion Date U/sec 11 Award Date S.L.A.O. Rate per R as per Award L.R. Reference Court Enhanced rate per R Type of land Reference Court awarded Acquired Ara in ARE 915 3368 of 2025 Babasaheb Sahebrao Kendhale 1180/ 2010 109 01 H 20 R 12.09. 2006 30.04. 2008 Rs.1,080/- Rs.15/- Rs.1200/- Rs.600/- Dry Land Semi Irrigated Perennially Irrigated Pot Kharab 0 H 53 R ------ ------- 0 H 67 R 5 915-FA-3368-2025.odt 4. In the connected Appeal, following rates are classified by this Court, Rs.3779 per R for dry land and Rs.1,890/- per R for pot kharab land. Therefore, I do not see any reason to take a different view in the matter and accordingly, I pass the following order : ORDER (a) The Appellant shall be entitled to receive Rs.3,779/- per Are for dry land and Rs.1,890/- per R for pot kharab land, considering the nature of their lands classified by the Reference Court. (b) The Appellant shall not be entitled to the interest and statutory benefits for the delayed period. (c) The Appellant shall be entitled to receive the interest under Sections 28 and 34 of the Land Acquisition Act, 1894 as per Full Bench Judgment of State of Maharashtra Vs. Kailash Shiva Rangari reported in [2016 AIR (Bom.)141]. (d) Save and except above modification, the impugned Judgment and Award shall stand unaltered. (e) The Appellant shall pay deficit court fees, if any. (f) Award be drawn accordingly. (g) The Appeal is allowed. [ MANJUSHA DESHPANDE, J. ] Sunny Thote