ABDUL SATTAR ABDUL WAHAB AND ANR v. THE STATE OF MAHARASHTRA AND ORS
FA/640/2010 · 2026-09-16
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DailyLaw.ai
[ 2026 DAILYLAW 11941 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11941 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
32-FA-640-2010.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 32 FIRST APPEAL NO. 640 OF 2010 Abdul Sattar Abdul Wahab And Another VERSUS The State Of Maharashtra And Others …… Mr. R.M. Bhagwat, Advocate h/f Mr. G.P. Shinde, Advocate for Appellant Mr. B.A. Shinde, AGP for Respondents No.1 and 2 ……
CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 16 SEPTEMBER, 2026 PER COURT :
1. Heard the learned counsel for the respective parties.
2. This appeal arises out of the Judgment and Award dated 16.11.2009 passed by the learned Joint Civil Judge, Senior Division, Nanded in Land Acquisition Reference No.5 of 2007.
3. The learned AGP Mr. B.A. Shinde, appearing for the Respondent- State, as well as the learned counsel appearing for the appellants submit that the issue involved in the present appeal is squarely covered by the order dated 01.09.2026 passed by this Court in First Appeal No.632 of 2010. The learned AGP submits that the land of the appellants was acquired from the same village, i.e. Bhokar, for the same public purpose, namely, Bhokar Turn- Road Main State Highway No.2 from Bhokar, and under the very same notification as was involved in the said appeal. It is, therefore, contended that the present appeal may also be disposed of in terms of the said order. 2026:BHC-AUG:43016
32-FA-640-2010.odt 2
4. Having considered the submissions advanced by the learned counsel for the respective parties, and in view of the admitted position that the controversy involved in the present appeal is identical to the one decided by this Court in First Appeal No.632 of 2010 by the order dated 01.09.2026, I see no reason to take a different view. The present appeal, therefore, deserves to be disposed of in terms of the said judgment and order. Hence, the following order:
ORDER (i) First Appeal is allowed partly. (ii) The appellants/claimants are entitled to compensation @ Rs. 2,60,000/- per Hectare for their acquired land, and to that extent impugned award stands modified. (iii) The appellants/claimants shall be entitled to interest under Sections 28 and 34 of the Act, strictly in accordance with the Full Bench decision in State of Maharashtra vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (iv) Rest of award passed by the learned Reference Court stands confirmed (v) Modified Award be drawn accordingly. (vi) The appellants/claimants shall pay deficit court fees. (vii) Pending Civil Applications, if any, stand disposed of.
[ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane