11-FA-4914-2017.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 11 FIRST APPEAL NO. 4914 OF 2017 Rajaram Rupchand Patil (Died) Through L.Rs. Ganesh And Others VERSUS The Special Land Acquisition Officer-2, Upper Tapi Project (Hatnur) Jalgaon And Another …… Mr. Ajeet B. Kale, Advocate for Appellant Mr. D.R.Korde, AGP for Respondent No.1 Mr. V.V. Tarde, Advocate for Respondent No.2 …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT : 1. Heard learned counsel for the respective parties. 2. By this appeal, the appellant-original claimant challenges the Judgment and Award dated 17.11.2009 passed by the learned Joint Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference No.892 of 2005 (Old LAR No.388 of 2004). 3. Learned counsel for the appellant has placed on record a copy of the judgment delivered by the Division Bench of this Court in Special Land Acquisition Officer (III), Jalgaon and another v. Bhagwat Vitthal Sonwane, reported in 2009 (4) Mh.L.J. 308, arising out of the same project. He submits that, in the said case, this Court determined the market value of the acquired jirayat land at the rate of Rs.2,00,000/- per hectare, the bagayat 2026:BHC-AUG:44622 11-FA-4914-2017.odt 2 land at twice the rate applicable to jirayat land, i.e. Rs.4,00,000/- per hectare, and the potkharab land at the rate of Rs.1,00,000/- per hectare. In the present case, the learned Reference Court has determined the market value of the acquired jirayat land at the rate of Rs.1,95,000/- per hectare. He, therefore, submits that the rates of compensation determined in the aforesaid judgment may also be applied to the acquired land in the present case. 4. The learned AGP as well as the learned counsel for the acquiring body fairly concede the aforesaid position. 5. In view of the aforesaid judgment of the Division Bench, the appellant would be entitled to compensation at the rates determined therein. The First Appeal, therefore, deserves to be partly allowed and the impugned Judgment and Award deserves to be modified to that extent. Hence, the following order: O R D E R I. The First Appeal is partly allowed. II. The Judgment and Award dated 17.11.2009 passed by the learned Joint Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference No.892 of 2005 (Old LAR No.388 of 2004) is modified to the extent indicated hereinbelow. III. The claimant shall be entitled to compensation for the acquired land at the rate of Rs.2,00,000/- per hectare for jirayat land, Rs.4,00,000/- per hectare for bagayat land and Rs.1,00,000/- per hectare for potkharab land as per categorization done by the learned Reference Court. 11-FA-4914-2017.odt 3 IV. The claimant shall be entitled to all consequential statutory benefits on the enhanced amount of compensation, in accordance with the provisions of the Land Acquisition Act, 1894. V. The claimant shall be entitled to interest under Section 34 of the Land Acquisition Act, 1894, strictly in accordance with the Full Bench judgment of this Court in State of Maharashtra vs. Kailas Shiva Rangari , 2016 (3) 457. VI. Save and except the aforesaid modification, the Judgment and Award passed by the learned Reference Court shall remain unaltered. VII The claimants shall not be entitled to claim the statutory benefits and interest for the delayed period, if any VIII. The appellant shall pay the deficit Court-fees, if any. IX. The modified award be drawn accordingly. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane