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2026 DAILYLAW 10801 (BOM)

ANNA HARI WAGH v. THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, AHMEDNAGAR AND ANOTHER

FA/3303/2021 · 2026-09-16

body2026

Judgment text

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1 930-fa-3248-2021+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 3248 OF 2021 Deubai Ananda Jare VERSUS The State Of Maharashtra And Another ... Ms. M. V. Narwade, Advocate for Appellant in respective matters Mr. B. V. Virdhe, AGP for Respondent-State in respective Mr. S. S. Dande, Advocate for Respondent no.2/Acquiring Body in respective matters ... WITH FIRST APPEAL NO. 1980 OF 2019 Bhimbai Sopan Wagh VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1376 OF 2020 Bhausaheb Rangnath Sase VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1377 OF 2020 Dada Dhondiba Dhere VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3299 OF 2021 Malanbai Rambhau Khurat @ Kurhat (died) Thr Lrs Bapu And Ors VERSUS The State Of Maharashtra And Anr WITH 2026:BHC-AUG:42849 2 930-fa-3248-2021+ FIRST APPEAL NO. 3300 OF 2021 Shivnath Eknath Honde VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3301 OF 2021 Vimal Vitthal Aru VERSUS The State Of Maharashtra Through Collector, Ahmednagar And Another WITH FIRST APPEAL NO. 3305 OF 2021 Dhondiram Khemji Kadam VERSUS The State Of Maharashtra Through Collector, Ahmednagar And Another WITH FIRST APPEAL NO. 3303 OF 2021 Anna Hari Wagh VERSUS The State Of Maharashtra, Through Collector, Ahmednagar And Another WITH FIRST APPEAL NO. 1372 OF 2020 Rambhau Murlidhar Dhere VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3304 OF 2021 Sakharam Bhanudas Wagh (deceased) Thr Lrs. Vijay Sakharam Wagh VERSUS The State Of Maharashtra, Through Collector, Ahmednagar And Another WITH 3 930-fa-3248-2021+ FIRST APPEAL NO. 1983 OF 2019 Sushilabai Haribhau Vairagal And Ors VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1373 OF 2020 Dilip Bhausaheb Sase VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3254 OF 2021 Sunita Bhausaheb Sase VERSUS The State Of Maharashtra And Another WITH FIRST APPEAL NO. 3252 OF 2021 Bhaurao Kisan Sase VERSUS The State Of Maharashtra And Another WITH FIRST APPEAL NO. 3258 OF 2021 Subhash Namdeo Dighe VERSUS The State Of Maharashtra Thr Collector, Ahmednagar And Anr WITH FIRST APPEAL NO. 3259 OF 2021 Rambhau Namdeo Dighe VERSUS The State Of Maharashtra Thr Collector, Ahmednagar And Anr WITH FIRST APPEAL NO. 3260 OF 2021 Yeshwant Jaywant Kurhat VERSUS The State Of Maharashtra Thr Collector, Ahmednagar And Anr 4 930-fa-3248-2021+ WITH FIRST APPEAL NO. 3295 OF 2021 Damodhar Shaharam Pund VERSUS The State Of Maharashtra Through Collector, Ahmednagar And Another WITH FIRST APPEAL NO. 3250 OF 2021 Sangita Bhausaheb Sase VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3251 OF 2021 Gorakshnath Murlidhar Dhere VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3253 OF 2021 Shobha Bhausaheb Sase VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3296 OF 2021 Pralhad Murlidhar Jare VERSUS The State Of Maharashtra Thr Collector, Ahmednagar And Anr WITH FIRST APPEAL NO. 1976 OF 2019 Raghunath Vithoba Sase VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1977 OF 2019 Rabhaji Malhari Bhosale VERSUS The State Of Maharashtra And Anr 5 930-fa-3248-2021+ WITH FIRST APPEAL NO. 1982 OF 2019 Jankabai Asaram Jare VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3298 OF 2021 Hari Shaharam Pund VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1978 OF 2019 Baburao Bhanudas Wagh VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1979 OF 2019 Bhimabai Ambadas Zarekar VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3297 OF 2021 Bajirao Murlidhar Honde (died) Thr Lrs Bhausaheb Bajirao Honde VERSUS The State Of Maharashtra Thr Collector, Ahmednagar And Anr WITH FIRST APPEAL NO. 1374 OF 2020 Sandeep Bhausaheb Sase VERSUS The State Of Maharashtra And Anr WITH 6 930-fa-3248-2021+ FIRST APPEAL NO. 361 OF 2022 Anna Hari Wagh VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1375 OF 2020 Machhindra Murlidhar Dhere VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3249 OF 2021 Changunabai Rangnath Shinde (died) Thr Lrs Shivram And Ors VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3255 OF 2021 Bhemraj Vithoba Sase And Ors VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 3257 OF 2021 Kausabai Haribhau Kurhat VERSUS The State Of Maharashtra Thr Collector, Ahmednagar And Anr WITH FIRST APPEAL NO. 1981 OF 2019 Sarangdhar Kundalik Jare VERSUS The State Of Maharashtra And Anr ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 16TH SEPTEMBER, 2026 7 930-fa-3248-2021+ P.C. :- . Feeling aggrieved by the following common judgment and award the claimants have lodged the present First Appeals seeking enhancement in the compensation: Sr. No. First Appeal No. L.A.R. No. Judgment date Court 1 3248 of 2021 668 of 2010 (Old No.108 of 2000) 30.04.2012 Civil Judge Senior Division, Newasa 2 1976 of 2019 731 of 2010 (Old No.131 of 2000) 3 1977 of 2019 653 of 2010 (Old No.93 of 2000) 4 1372 of 2020 596 of 2010 (Old No.5 of 2000) 5 3301 of 2021 666 of 2010 (Old No.106 of 2000) 6 1374 of 2020 623 of 2010 (Old No.63 of 2000) 7 3250 of 2021 627 of 2010 (Old No.67 of 2000) 8 1375 of 2020 699 of 2010 (Old No.113 of 2000) 9 3298 of 2021 700 of 2010 (Old No.114 of 2000) 10 3299 of 2021 604 of 2010 (Old No.44 of 2000) 11 3305 of 2021 616 of 2010 (Old No.56 of 2000) 12 3254 of 2021 652 of 2010 (Old No.92 of 2000) 13 1980 of 2019 637 of 2010 (Old No.77 of 2000) 8 930-fa-3248-2021+ Sr. No. First Appeal No. L.A.R. No. Judgment date Court 14 3251 of 2021 751 of 2010 (Old No.151 of 2000) 30.04.2012 Civil Judge Senior Division, Newasa 15 3258 of 2021 704 of 2010 (Old No.118 of 2000) 16 3297 of 2021 709 of 2010 (Old No.123 of 2000) 17 1981 of 2019 641 of 2010 (Old No.81 of 2000) 18 3253 of 2021 626 of 2010 (Old No.66 of 2000) 19 3259 of 2021 735 of 2010 (Old No.135 of 2000) 20 3255 of 2021 656 of 2010 (Old No.96 of 2000) 21 1377 of 2020 654 of 2010 (Old No.94 of 2000) 22 1978 of 2019 603 of 2010 (Old No.32 of 2000) 23 1979 of 2019 606 of 2010 (Old No.46 of 2000) 24 1376 of 2020 624 of 2010 (Old No.64 of 2000) 25 3257 of 2021 665 of 2010 (Old No.105 of 2000) 26 1982 of 2019 671 of 2010 (Old No.111 of 2000) 27 3303 of 2021 594 of 2010 (Old No.30 of 2000) 28 3249 of 2021 659 of 2010 (Old No.99 of 2000) 29 3252 of 2021 740 of 2010 (Old No.140 of 2000) 30 3300 of 2021 728 of 2010 (Old No.128 of 2000) 31 1373 of 2020 625 of 2010 (Old No.65 of 2000) 9 930-fa-3248-2021+ Sr. No. First Appeal No. L.A.R. No. Judgment date Court 32 1983 of 2019 658 of 2010 (Old No.98 of 2000) 30.04.2012 Civil Judge Senior Division, Newasa 33 3304 of 2021 736 of 2010 (Old No.136 of 2000) 34 3260 of 2021 597 of 2010 (Old No.6 of 2000) 35 3296 of 2021 622 of 2010 (Old No.62 of 2000) 36 361 of 2022 594 of 2010 (Old No.30 of 2000) 37 3295 of 2021 749 of 2010 (Old No.149 of 2000) 2. During the course of hearing Ms. M. V. Narwade placed on record order dated 04.09.2026 passed by this Court in Civil Application No.10185 of 2026 in First Appeal No.1984 of 2019. In the cited case, referring to the earlier order passed by this Court on 19.08.2006 in Civil Application No.8482 of 2026, this Court relegated the parties thereto to the Reference Court for fresh adjudication of the claim itself. 3. Ms. M. V. Narwade, learned Advocate for the claimants as also Mr. S. S. Dande, learned Advocate for the Acquiring Body submit that present First Appeals also deserve to be relegated back to the Reference Court for fresh adjudication in terms of the order passed by this Court on 04.09.2026. 10 930-fa-3248-2021+ 4. Suffice to note, in the cited matters there were applications filed by the claimants/appellants seeking leave to produce certain documents in support of their claim. In order to give an opportunity to the claimants to support their claim and also an opportunity to the Acquiring Body to dispute such entitlement, this Court has relegated those matters back to the Reference Court with liberty to the parties as observed. 5. Ms. M. V. Narwade submits that in the instant matters, no such application is filed. However, Ms. Narwade submits that the present proceedings arise out of the same land Acquisition Proceeding which is subject matter of common judgment and award. She submits that the appellants- claimants seek to rely upon similar evidence in the present appeals. 6. In the fitness of circumstances, I find that the request is moderate one and will not cause any prejudice to the other side. In view of this, I pass following order: ORDER a. First Appeals are allowed partly. b. Impugned judgment and awards passed by the Reference Court is quashed and set aside and the matters are relegated to the Reference Court to decide them afresh on their own merits. 11 930-fa-3248-2021+ c. All points are kept open. Parties are liberty to adduce evidence. d. The Reference Court shall consider the objections to be raised by the Acquiring Body as permissible in law and shall examine the genuineness of the claims on their own merits. e. Appellants-claimants shall not be entitled to claim interest and statutory benefits from the date of earlier judgment and award passed by the Reference Court till September 2026. f. Parties shall appear before the Reference Court on 12.10.2026. It is candidly agreed by the parties that no separate notice for appearance shall be required. g. The Reference Court shall decide the matters expeditiously. h. It will be open for the Reference Court to consider earlier pleadings and the evidence on record in-juxta position with the subsequent pleadings and evidence. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026