1 42 fa 813.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 813 OF 2023 Sanjay Ramrao Patil .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 347 OF 2023 Savitribai Ramlal Shelke .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 2204 OF 2023 Chindu Tembhu Pandhare and others .. Appellants Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 53 OF 2023 Ramrao Shankar Askar .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 56 OF 2023 Krushna Tembhu Pandhare .. Appellant Versus The District Collector, Jalgaon 2025:BHC-AUG:30654 2 42 fa 813.23 and others .. Respondents WITH FIRST APPEAL NO. 418 OF 2023 Gajanan Tulshiram Patil and others .. Appellants Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 3868 OF 2023 Pandit Supadu Suralkar .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 3871 OF 2023 Shivaji Laxman Padol .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 3869 OF 2023 Prafullakumar Mohanlal Lodha .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 49 OF 2023 Bhanudas Pundlik Pandhare and others .. Appellants Versus The District Collector, Jalgaon 3 42 fa 813.23 and others .. Respondents WITH FIRST APPEAL NO. 187 OF 2023 Popatlal Manikchand Jain .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 186 OF 2023 Sunanda Sanjay Patil .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 185 OF 2023 Rajdhar Hari Kunbi .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 814 OF 2023 Uttam Motiram Sarode Since deceased through his L.Rs. Samadhan Uttam Sarode .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 815 OF 2023 Lilabai Shamrao Patil .. Appellant 4 42 fa 813.23 Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 1971 OF 2023 Vishwanath Vedu Kumavat and another .. Appellants Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 1968 OF 2023 Raidas Pundlik Pandhari Since deceased through his L.Rs. Surekha and others .. Appellants Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL STAMP NO. 18468 OF 2018 Subabai Vaman More Since deceased through his L.Rs. Spl. P. a. Pandhari Vaman More .. Appellant Versus The District Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL STAMP NO. 11788 OF 2021 Baburao Jankiram Patil .. Appellant Versus The Collector, Jalgaon and others .. Respondents WITH 5 42 fa 813.23 FIRST APPEAL STAMP NO. 8606 OF 2020 Lilabai Rameshchand Jain and others .. Appellants Versus The Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 3338 OF 2022 Yashodabai Krushna Pandhare .. Appellant Versus The Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 879 OF 2017 Sardarsing Trambak Chavan .. Appellant Versus The Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL STAMP NO. 18442 OF 2018 Vatsalabai Shenfadu Patil (Pandhare) .. Appellant Versus The Collector, Jalgaon and others .. Respondents WITH FIRST APPEAL NO. 1967 OF 2020 Vimalbai Dattu Thorat .. Appellant Versus The Collector, Jalgaon and others .. Respondents Shri Ajeet B. Kale, Advocate for the Appellant in all matters. Shri N. R. Dayma, A.G.P. for the Respondent Nos. 1 and 2 in all matters. Shri Vivek Tarde, Shri S. B. Kadu, Shri S. S. Chillarge, Shri D. D. Pokharkar and Mrs. Manjusha Jagtap – Ware, Advocates for the Respondents – acquiring body in respective matters. 6 42 fa 813.23 CORAM : SHAILESH P. BRAHME, J. DATE : 07TH NOVEMBER, 2025. FINAL ORDER : . Heard both sides finally. 2. These appeals can be decided by common order. The issue involved in these appeals is no more res-integra. The distinct judgments and award passed by the Reference Court are challenged. Appellants are seeking enhancement of compensation mainly on the ground of parity. 3. The appeals are in respect of acquisition of the lands acquired for Minor Irrigation Tank Sheri, Tq. Jamner. Notification U/Sec. 4 of the Land Acquisition Act was published on 29th August, 2005 and the award was declared on 20th October, 2008. 4. Learned counsel Mr. Ajeet Kale appearing for the appellants tenders on record common judgment and award dated 15th October, 2024 passed by this Court in First Appeal No. 729 of 2017 and other connected first appeals. 5. Learned counsels for the respondents submit that by the impugned awards the interest is made payable from the date of notification, which needs to be rectified in view of the judgment of the Full Bench of this Court in the matter of The State of 7 42 fa 813.23 Maharashtra Vs. Kailash Shiva Rangari reported in AIR 2016 Bom. 141. 6. It is submitted by the learned counsel for the respondents that a review has been filed in respect of common judgment and order dated 15th October, 2024 especially in respect of modification to the extent of para No. 4 therein. 7. There is no serious dispute that appeals can be decided on the basis of the common judgment referred above. The coordinate Bench partly allowed the appeals awarding rate of Rs. 12,00,000/- per hector for irrigated land, Rs. 6,00,000/- per hector for jirayat land and Rs. 3,00,000/- per hector for pot kharab and 80% of the valuation report for fruit bearing trees. 8. There is no dispute that L.A.R. No. 892 of 2013 was decided and the rates referred above are fixed by the Reference Court. The respondent – acquiring body did not prefer to challenge the rates. Besides that in L.A.R. No. 687 of 2010, L.A.R. No. 688 of 2010, L.A.R. No. 693 of 2010, L.A.R. No. 102 of 2016, L.A.R. No. 103 of 2016, L.A.R. No. 104 of 2016 and L.A.R. No. 435 of 2010, the identical rates have been awarded by the Reference Court and accepted by the acquiring body. The review has been filed seeking correction to para No. 4 of the common order dated 15th October, 2024. I find that the correction solicited is typographical and marginal. It does not affect the merits of the matter. 8 42 fa 813.23 09. In view of the law laid down in the matter of The State of Maharashtra Vs. Kailash Shiva Rangari (supra), appellants are entitled to receive the interest from the date of award. It is clarified that they are entitled to receive the rental compensation as permissible in law and as per the prevailing government policy. It would be open for them to apply for the same independently. In that view of the matter I pass following order. O R D E R A. First appeals are partly allowed with proportionate costs. B. Appellants – claimants be paid following compensation. I. For irrigated land @ 12,00,000/- per hectare. II. For Jirayat land @ Rs. 6,00,000/- per hectare. III. For Pot Kharab @ Rs. 3,00,000/- per hectare. IV. Value of fruit bearing trees @ 80% of the valuation report submitted in the Reference Court. C. The above compensation shall be paid along with statutory benefits. D. Appellants shall be entitled to the interest from the date of award as per law. E. It would be open for them to claim rental compensation as 9 42 fa 813.23 permissible in law and in view of the prevailing government policy. F. Chart submitted by the learned counsel for the appellants shall be treated as part of record and award. G. Appellants shall not be entitled to claim interest and statutory benefits for the delayed period as per the orders passed while condoning the delay. H. Rest of the award is maintained. [ SHAILESH P. BRAHME J. ] bsb/Nov. 25