1 909 to 913 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 FIRST APPEAL NO. 881 OF 2023 Tajoddin S/o Mahmood And Ors VERSUS The State Of Maharashtra Thr District Collector, Nanded And Ors AND 910 FIRST APPEAL NO. 892 OF 2023 Sk. Bashir Ismail Sab VERSUS The State Of Maharashtra Through District Collector, Nanded And Others AND 911 FIRST APPEAL NO. 893 OF 2023 Khayamoddin S/o Dadu Patel VERSUS The State Of Maharashtra Thr District Collector, Nanded And Ors AND 912 FIRST APPEAL NO. 949 OF 2023 Nagnath Rama Shekapure (died) Thr Lrs. Vishwanath Nagnath Shekepure And Others VERSUS The State Of Maharashtra Through District Collector, Nanded And Others AND 913 FIRST APPEAL NO. 964 OF 2023 Madhavrao Rama Shekapure VERSUS The State Of Maharashtra Through District Collector, Nanded And Others … Mr. S. M. Kakde, Advocate for respective Appellants Mr. B. V. Virdhe, Mr. S. P. Sonpawale, Mr. K. B. Jadhavar, Mr. S. N. Kendre and Mr. R. K. Ingole, AGP for respective Respondent-State Authority Mr. S. C. Arora, Advocate for Respondent no.3 in respective matters ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 16TH SEPTEMBER, 2026 2026:BHC-AUG:42828 2 909 to 913 P.C. :- . Feeling aggrieved by the following judgment and awards, the respective claimants are before this Court: Sr. No. First Appeal No. L.A.R. No. Gut No. Total Area Rate awarded by Reference Court 1 881 of 2023 498 of 2007 12/k/P 01 H 21 R Rs.869.59/- 2 892 of 2023 84 of 2007 89 01 H 30 R Rs.790.27/- 3 893 of 2023 63 of 2007 8/2/D 0 H 79 R Rs.841.69/- 4 949 of 2023 136 of 2007 85 01 H 42 R Rs.843.38/- 5 964 of 2023 125 of 2007 85/P 01 H 42 R Rs.843.38/- 2. At the request of learned advocates for both the sides, the First Appeals are being disposed of at admission stage. 3. Mr. S. M. Kakde, learned Advocate for the appellants in all the matters submits that the acquired lands in all the First Appeals are dry lands and that there is no dispute as regards to the findings recorded by the Reference Court. He would cite an order dated 14.08.2026 passed by this Court in First Appeal No.3206 of 2009 (Anwaribegum Asifoddin Patel Vs. The State of Maharashtra and Ors). Referring to the said order, Mr. Kakade submits that the said matter arises out of the same land acquisition proceeding which is subject matter of the present First Appeals. He submits that after hearing the parties, this Court pleased to determine the rate of compensation for the acquired land as follows: 3 909 to 913 Non Irrigated Land Irrigated Land Semi-Irrigated land Rs.2723/- Per R Rs.5,446/- Per r Rs.4084/- Per R 4. He submits that the said order was also relied upon by some other claimants in First Appeal No.1585 of 2023 wherein this Court vide order dated 01.09.2006 passed in First Appeal No.158 of 2023 disposed of the First Appeal holding the claimant therein entitled for the compensation @ Rs.2723/- per R for the dry land. Mr. Kakade submits that in all the present First Appeals, the lands under acquisition are classified as dry lands. He therefore submits that in view of the aforesaid orders, the present First Appeals be partly allowed granting compensation to the appellants @ Rs.2723/- per R. 5. This Court requested Mr. S. C. Arora, learned Advocate for the Acquiring Body to go through the contents of the cited orders and to assist the Court as to whether the cited order could be referred in the present matters. On facts, Mr. Arora agrees that the cited orders arise out of the same land acquisition proceedings and this Court has indeed granted rate of Rs.2723/- per R for the dry lands. Mr. Arora further submits that he had otherwise good material to demonstrate before 4 909 to 913 the Court that the appeals do not have any merit. However, in the light of the said orders, he prays to pass appropriate order. 6. In view of the above, I have no hesitation to hold that the First Appeals are covered by the earlier orders passed by this Court as referred supra. Hence, I pass following order: O R D E R I. The First Appeals are partly allowed. II. The judgment and awards dated 15.11.2018, 02.09.2008, 16.01.2013, 19.06.2010 and 30.03.2009 passed by learned Civil Judge, Senior Division, Link Court, Mukhed and Civil Judge, Senior Division, Kandhar respectively in L.A.R. Nos.498 of 2007, 84 of 2007, 63 of 2007, 136 of 2007 and 125 of 2007 are modified to the following extent. III. The appellants-claimants shall be entitled to compensation at the rate of Rs.2,723/- per R for their non-irrigated land. IV. The appellants-claimants shall be entitled to all consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894. V. The appellants - claimants shall be entitled to interest under Section 34 of the Act, strictly in accordance with the Full Bench decision in State of MaharashtraVs. Kailas Shiva Rangari, 2016(4) All MR 513. 5 909 to 913 VI. The appellants - claimants shall not be entitled to statutory benefits for the period of delay, if any, condoned by this Court. VII. The appellants - claimants shall deposit the deficit court fees, if any, within a period of four weeks from today. VIII. The rest of the Judgment and Award passed by the learned Reference Court stands confirmed. IX. The acquiring body shall deposit the amount of enhanced compensation in this court within a period of six months from today. Upon such deposit, the appellants are permitted to withdraw such amount without making any separate Civil Application. X. The modified Award be drawn accordingly. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026