13 FA 257 OF 2023+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 13 FIRST APPEAL NO. 257 OF 2023 MADHAV GANPATI LANGOTE VERSUS THE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, NANDED AND ORS … WITH FIRST APPEAL NO. 1400 OF 2023 GOVIND BHAURAO LANGOTE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 599 OF 2022 HANUMANT S/O GYANOBA JADHAV VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 1468 OF 2022 ATMARAM S/O MANIKA LANGOTE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 763 OF 2022 VYANKAT S/O BAPURAO TIPRALE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS ... WITH FIRST APPEAL NO. 760 OF 2022 SHIVAJI S/O KESHAV GADHAVE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH 1/10 2025:BHC-AUG:35703 13 FA 257 OF 2023+.odt FIRST APPEAL NO. 746 OF 2022 BAPURAO S/O MARUTI GAIKWAD VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 717 OF 2022 RAJESH S/O KERBA SONKAMBLE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 1594 OF 2022 TULSHIRAM S/O SAHADEO GADHAVE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 1536 OF 2022 VILAS S/O VYANKAT GADAVE DIED THR. L.RS. PADMAWATI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS ... WITH FIRST APPEAL NO. 1534 OF 2022 DADARAO S/O VITTHAL LONOTE (DIED) THR. LRS. DATTA AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 1506 OF 2022 RENUKABAI W/O GANPAT LANGOTE VERSUS VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … 2/10 13 FA 257 OF 2023+.odt WITH FIRST APPEAL NO. 1474 OF 2022 SHESHERAO TUKARAM GADAVE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 1473 OF 2022 EKNATH GOVIND LANGOTE AND ANR. VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 1471 OF 2022 VENKAT BHIMRAO TARANGE DIED THR. VILAS DIED THR GAJARBAI DIED THR. PADMAWAI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 4099 OF 2022 NIVRUTTI S/O PARBATA LANGOTE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 3297 OF 2022 ANUSAYABAI W/O SAMBHA (DIED) THROUGH L.RS. KONDABAI D/O SAMBHA VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 3296 OF 2022 NIVRUTTI S/O MAHADU SONKAMBLE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 3295 OF 2022 3/10 13 FA 257 OF 2023+.odt PANDHARI S/O BHIMRAO DIED THROUGH L.RS. MATHURABAI VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … WITH FIRST APPEAL NO. 2845 OF 2022 SUBHASH S/O GUNDERAO GADHAVE THROUGH GPA HOLDER GANGABAI SUBHASH GADHAVE VERSUS THE STATE OF MAHARASHTRA THROUGH DISTRIT COLLECTOR, NANDED AND OTHERS … Advocate for Applicants : Mr. U.B. Bilolikar A.G.P. for Respondent/State : Mr. S.V. Hange Advocate for Acquiring Body : Mr. Mr. Shamsundar B. Patil, Akash D. Gade, H.V. Patil, in respective matters. CORAM : SHAILESH P. BRAHME, J. DATE : 12.12.2025 PER COURT : Taken up for final disposal with consent of both sides. 2. Heard both sides. 3. The claimants have approached this Court for enhancement of the compensation being aggrieved by judgment and award passed by the Reference Court on different dates in their respective land acquisition references. All facts are identical. The acquisition of the land is for Lendi Project. The lands in all the appeals are situated at Bhingoli, Tq. Mukhed, Dist. Nanded. All are dry lands. 4. The material particulars of the appeals submitted by the learned counsel for the appellant, which are undisputed, are reproduced in the following chart : 4/10 13 FA 257 OF 2023+.odt Sr. Nos . F.A. No. & L.A.R.No. Name of claimants, land Gat No., admg., situated at Bhingoli Tq. Mukhed SLAO Award Date and amount Reference Court Enhancement Award Date & amount 1) FA No. 257/2023, LAR No. 14/2009 Madhav Ganpati Langote, Gat No. 32/B, P-2, 71-R 22.02.2007 Rs. 53,250/- Rs. 750/- per Are Total Rs. 53,250/- 06.05.2017 Rs. 69,225/-, 30% More 2) F.A. No. 3296/2022 LAR No. 277/2011 Nivruti Mahadu Sonkamble Gat No. 34/B/1- 34-R, Gat No. 34/8- 55-R 22.02.2007, Rs. 65,050/- Rs. 700-750 per R Trees- Rs. 5631/- Total Rs.70,681/- 29.07.2021 Rs. 41,203/- for 34-R and Rs. 57750/- for 55-R, total Rs. 98,953/- 40% more 3) FA 3295/2022 LAR 274/2011 Pandharinath Bhimrao Gadhave died Thr.L.Rs. Gat No. 30/A- 81 R 22.02.2007 Rs. 61,828/- Land Rs. 700/- per R 29.07.2021 Rs. 86,559/- 40% More 4) FA 3297/2022 LAR 19/2012 Anusayabi Sambha Sonkamble died. Gat No. 34/C- 84-Are, Gat No. 34/A- 29-Are 22.02.2007 Rs. 83,821/- Land Rs. 650- 750/- per R, Trees Rs. 4,662/- Total Rs.88,483/- 14.12.2020 Rs. 91,883/- for 84-R Rs. 26,390/-, Rs.1,18,273/- 40% More 5) FA 2845/2022 LAR 26/2009 Subhash Gunderao Gadhave died through L.Rs. Gat No. 9- 1H 27-R Gat No. 3- 81-Are 22.02.2007 Rs. 2,66,250/- Land Rs. 650-750 Per R, Trees Rs. 13,500 Total Rs.2,79,750/- 23.04.2019 Rs.3,77,663/- 35% 7) FA 1594/2022 LAR No.196/2011 Tulshiram Sahadev Gadhave Gat No. 30/B- 26-R Gat No. 30/C- 26-R Gat No. 30P- 50-R Gat No. 30/6 - 16-R 22.02.2007 Rs. 96,954/- Rs. 750/- per R 03.12.2020 Rs.1,35,736/- 40% more 8) FA 763/2022 LAR 30/2009 Venkat Bapurao Tiprale Gat No. 35/B-1H 68R Gat No. 35/4-1H 59-R Gat No. 36/5- 49-R Gat No. 36/P- 61- R 22.02.2007 Land Rs. 750/- per R. Rs. 3,36,720/- Mango Tree- Rs. 8970/- Total Rs.3,45,690/- 08.05.2019 Rs. 4,54,372/- 35% More 5/10 13 FA 257 OF 2023+.odt 9) FA 717/2022 LAR 13/2009 Rajesh Kerba Sonkamble Gat No. 34/10 – 40-R Gat No. 34/12 -- 30-R Gat No. 36/6 -- 54-R 22.02.2007 Land Rs. 750/- Per R, Rs. 89,650/- Mango Trees Rs. 16,654/- Total Rs.1,06,269/- 29.05.2019 Rs.1,43,463/- 35% More 11) FA 760/2022 LAR 02/2009 Shivaji Keshav Gadhave Gat No. 30/A - 80-R Gat No. 30/A P-3-0.32- R Gat No.38/C.P-1- 66-R 22.02.2007 Land Rs.700/- per R, Rs. 1,24,600/- Mango tree Rs. 5128/- Total Rs.1,29,728/- 17.08.2015 Rs. 1,68,846/- 30% More 12) FA 746/2022 LAR 12/2009 Bapurao Maroti Gaikwad Gat No. 38/C. P-78-R 22.02.2007 Land Rs. 700/- per R, Rs. 54,600/- 30.05.2019 Rs.73,710/- 35% More 13) FA 599/2022 LAR 11/2009 Hanumant Gyanoba Jadhav Gat No.8/2P – 1H 13-R Gat No.7/2P- 1H 22-R 22.02.2007 Rs.1,76,250/- Land Rs. 750/- per R 10.05.2019 Rs.2,37,938/- 35% More 14) FA 1400/2023 LAR No.16/2012 Govind Bhaurao Langote died through L.Rs. Gat No. 32/D - 37-R Gat No. 32/C- 28-R Gat No. 32/C- 51-R, Gat No. 32/D- 18-R, Gat No. 32/D- 11-R, Gat No. 38/B- 33-R, Gat No. 38/B- 32-R, Gat No. 38/E- 11-R 22.02.2007 Rs.700/- to 750/- per Are Rs. 1,73,332/- 29.07.2021 Rs. 2,42,665/- 40% More. 15) FA 1534/2022 LAR 275/2011 Dadarao Vitthal Langote Through L.Rs. Gat No. 6/6- 73-R Gat NO. 6/6- 07-R 22.02.2007 Rs. 59,625/- Land Rs. 750/-per R Trees Rs.15,119/- Total Rs.74,744/- 12.08.2021 Rs.1,04,642/- 40% More 16) FA 4099/2022 LAR 29/2009 Nivruti Parbata Langote Gat No. 32/B – 71-R Gat No. 31/E – 29-R 22.02.2007 Land Rs.700/-per R, Rs. 57040/- Rs. 29,750/- Total Rs. 86,790/- 24.04.2019 Rs.1,17,167/- 35% More 17) FA 1474/2022 Sheshrao Tukaram 22.02.2007 R 16.08.2021 6/10 13 FA 257 OF 2023+.odt LAR 195/2011 Gadve Gat No. 15/D- 1-H 35-R Rs. 94,635/- Land Rs. 750/- Per R, Trees Rs. 9,486/-, Pipeline Rs. 4000/- Total Rs.1,08,121/- Rs.1,51,280/- 40% More 18) FA 1473/2022 LAR 278/2011 Eknath Govind Langote Gat No. 32/D – 08-R Gat No. 32/4 – 1-H 10- R Gat No. 32/D – 01-R Gat No. 32/A – 23-R 22.02.2007 Rs. 1,05,315/- Land Rs. 700-750 per R 29.07.2021 Rs.1,47,441/- 40% More 19) FA 1468/2022 LAR No. 21/2012 Atmaram Manika Langote Gat No. 5/A 1-H - 0R 22.02.2007 Rs. 74,265/- Land Rs.750/- per R, Trees Rs.15,616/-, Total Rs. 89,881/- 16.08.2021 Rs.1,25,833/- 40 % More. 20) FA 1536/2022 LAR 20/2009 Vilas Venkat Gadave died thr. L.Rs. Gat No. 9P-2- 47-R 22.02.2007 Rs. 35,250/- land Rs. 750/- per R 12.03.2020 Rs. 49,350/- 40% More 19) FA 1506/2022 LAR 197/2011 Renukabai Ganpat Langote Gat No. 39/3 – 41-R 27.02.2007 Rs. 29,265/- Land Rs. 765/- per R 27.02.2020 Rs.40,971/- 40% More 20) FA 1471/2022 LAR 21/2009 Venkat Bhimrao Tarange died thr. L.Rs. Gat No. 9P-1- 3-H 12-R 22.02.2007 Rs. 2,34,000/- Land Rs. 750/- per R, trees Rs. 1540/-, total Rs. 2,35,540/- 16.08.2021 Rs. 3,29,756/- 40% 5. The notification under Section 4 of the Land Acquisition Act was issued on 14.07.1999. The award was passed on 22.02.2007. Special Land Acquisition Officer fixed the rate at Rs. 65,000/- to Rs. 75,000/- per Hectare for dry land. Being aggrieved, matters were referred to the Courts. The reference Court enhanced the compensation in the range from 30% to 40%, depending upon the facts situation in each matter. The appellants are claiming rate of Rs. 1,25,000/- per Hectare for dry land as it is held in First Appeal No. 834/2010 and First Appeal No. 3133/2009. In the alternative, they are claiming enhancement up to 70% from the enhancement given by 7/10 13 FA 257 OF 2023+.odt the Reference Court, relying upon decision dated 02.05.2022 in First Appeal No. 2036/2021 and connected matters. 6. Learned counsel for the applicants submits that the coordinate bench in First Appeal No. 834/2010 fixed the rate at Rs. 1,25,000/- per Hectare, when the lands acquired were from village Marajwadi. In another group of appeals the acquired lands were from Bhaswadi and enhancement was granted to 70%. The learned counsel for Appellants has placed on record short submissions along with chart and the decisions which are sought to be relied upon. It is submitted that the enhancement or the rate cannot be discriminated, just because the lands in the present appeals are from village Bhingoli. These are the cluster of villages and the lands are identical in their location, potentiality and the quality. 7. The counsels appearing for the respondents have vehemently opposed the submissions of the appellants. It is submitted that in the absence of any material on record to support the claim of enhancement, it is impermissible to refer to few judgments and apply the ground of parity. It is submitted that the reference Court has considered relevant material on record, the typography of the lands and arrived at reasonable and just conclusion. The reference Court has already enhanced the rate to 30% to 40%. The rate given by coordinate bench in earlier matters cannot operate as a rule of thumb. 8. I have considered the rival submissions of the parties. The material facts are undisputed. The lands acquired in the present appeals are from village Bhingoli. For the self-same project, when lands from Marajwadi were acquired, the enhancement was granted by fixing rate of Rs. 1,25,000/- per Hectare in First Appeal No. 834/2010 and connected matters. The coordinate bench inter alia relying upon the decisions rendered in First Appeal No. 988/2012 and 989/2012, by a speaking order, the rate was enhanced the rate. The same formula of enhancement has been applied by 8/10 13 FA 257 OF 2023+.odt the coordinate bench in the group of matters in First Appeal No. 3133/2009. Lands in those matters are also from village Marajwadi. However, the coordinate bench marginally deviated from the earlier formula by enhancing the rate in the group of appeals decided on 02.05.2022 in First Appeal No. 2036/2021 and connected matters. The lands in those matters were from Bhaswadi and acquired for the same project. The enhancement of compensation was extended to 70% from that of the reference Court, which is further followed in the common judgment passed on 31.07.2024 in First Appeal No. 1023/2022 and connected matter. 9. I have gone through the judgments referred above, which are produced by the appellants in this Court. 10. In the last couple of groups, this Court adopted the enhancement to 70% from the rate given by the reference Court, which is the latest formula. I propose to adopt the same instead of enhancing the rate to Rs. 1,25,000/- per Hectare. The enhancement to 70% is reasonable and adequate. It is in consonance with the view taken by this Court. 11. The objection of the respondents is mainly on the distance and the location of the lands under acquisition as compared to the lands from Marajwadi and Bhaswadi. The Cluster of village is affected because of Lendi project. I have gone through a village map, which shows that villages Bhingoli, Marajwadi and Bhaswadi are in the same vicinity. The villages Bhaswadi and Marajwadi appear to be adjoining as against Bhingoli. There is a distance between village Marajwadi and Bhingoli and that is the reason I am not inclined to accept enhancement of rate of Rs. 1,25,000/- per Hectare. Ends of justice would be met by granting the enhancement to 70%. 12. I am guided by the principles laid down by the Apex Court in the matter of Ali Mohammad Beigh and others Vs. State of Jammu and Kashmir; AIR 2017 SC 1518. Useful reference can be made to paragraph no. 13 and 14 for determining the rates of the lands, which are acquired from different 9/10 13 FA 257 OF 2023+.odt villages, but acquired for the same purpose. Following the judgment, I have also taken view in the matter of Uttam Bapurao Sakalkar Vs. The State of Maharashtra and others; 2025 BHC-AUG:31492. There is no reason to deviate from the view already taken. I find no merit in the submissions of the respondents that the parity cannot be attracted for enhancing the compensation in the present matter. All appeals deserves to be allowed partly. I, therefore, pass following order: ORDER (I) The first appeals are allowed partly. (II) The compensation granted by the reference Court shall stand enhanced to further 70%. (III) Save and except above modification, rest of the award under challenge shall stand unaltered. (IV) Needless to mention that interest shall be payable from the date of Award. (V) The appellants shall not be entitled to interest and statutory benefits for the delayed period, which is already condoned. (VI) The appellants shall pay deficit court fees. (VII) Record and proceedings be sent back to the Trial Court. (VIII) Award be drawn accordingly. ( SHAILESH P. BRAHME, J.) mkd/- 10/10