VIKAS MADHUKAR JADHAV AND ORS v. THE STATE OF MAH AND ANR
FA/1654/2011 · 2026-09-22
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DailyLaw.ai
[ 2026 DAILYLAW 13068 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13068 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 1657/11 & Anr. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 7 FIRST APPEAL NO. 1657 OF 2011 SHANTABAI GOVINDRAO JADHAV VERSUS THE STATE OF MAHARASHTRA AND ANR … WITH FIRST APPEAL NO. 1654 OF 2011 VIKAS MADHUKAR JADHAV & ORS. VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Appellants : Mr. R.P. Adgaonkar AGP for Respondent/State : Mr. A.M. Phule Advocate for Respondent 2 : Mr. S.G. Sangle ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 22, 2026 PER COURT :-
1. FA No. 1654/2011 is not on board. Taken on board. 2. Heard the learned counsel for the respective parties. 3. The present appeals arise out of the judgment and award dated 5.4.2007 in LAR No. 96/2002 and 220/2002 passed by the learned Civil Judge, Senior Division, Nilanga. 4. Both the counsel appearing for the respective parties tendered across the bar the copy of the judgment and order dated 10.2.2026 passed by the coordinate bench of this Court in First Appeal No.1117/2007 (Sudhakar Ramchandra Dadage Vs. The State of Maharashtra) along with bunch of other first appeals, whereby this court enhanced the compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and Rs.90,000/- per Acre for dry lands. Both the counsel submits that the lands 2026:BHC-AUG:43351
FA 1657/11 & Anr. 2 of the claimants in above first appeals were acquired for the project Hangarga Minor Irrigation Tank at Hangarga and other villages. Both the counsel further submits that the lands of the present claimants were also acquired for Hangarga Minor Irrigation Tank at Hangarga and other villages. Therefore, in view of the submissions advanced by both the counsel, the present appeals are also covered by the order passed by the coordinate bench of this court in First Appeal No.1117/2007 (supra), wherein the reference court has treated the acquired lands as seasonally irrigated lands and dry lands and coordinate bench of this court enhanced the compensation at the rate of Rs.1,35,000/- per Acre for seasonally irrigated lands and Rs.90,000/- per Acre for dry lands. Considering the evidence on record in the present appeals and in view of the order passed by the coordinate bench of this Court, I hold that the lands involved in the present appeals are semi irrigated lands and the claimants are entitled to receive the compensation at the rate of Rs.1,35,000/- per Acre.
Hence, I pass the following order. O R D E R (I) The appeals are partly allowed. (II) The appellants/claimants are entitled to receive compensation at the rate of Rs.1,35,000/- per Acre for their acquired lands. (III) The appellants/claimant shall be entitled to interest and other statutory benefits on the enhanced compensation as per the provisions of the Land Acquisition Act in view of the law laid down by the Full Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (IV) The impugned judgment and award of the reference court are
FA 1657/11 & Anr. 3 modified accordingly. (V) Civil Application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/