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2026 DAILYLAW 13975 (BOM)

VYANKATRAO MANIKRAO SHINDE AND ANR v. THE STATE OF MAHARASHTRA AND ORS

FA/1888/2013 · 2026-09-28

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Judgment text

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55-FA-1888-2013.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 55 FIRST APPEAL NO. 1888 OF 2013 Vyankatrao Manikrao Shinde And Another VERSUS The State Of Maharashtra And Others …… Mr. R.P. Bhumkar, Advocate for Appellant Mr. S.N. Morampalle, AGP for Respondents No.1 and 2 Mr. Anand Chaware, Advocate for Respondent No.3 …... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. The present appeal arises out of the Judgment and Award dated 12.12.2006 passed by the learned Civil Judge, Senior Division, Kandhar, in Land Acquisition Reference No. 313 of 2003. 3. The learned counsel for the appellant has tendered across the Bar a copy of order dated 13.08.2026 passed by this Court in First Appeal No.276 of 2013. He submits that the land of the appellant was acquired from the same village Gaundgaon, for the same public purpose i.e.Uppar Manar Project, and under the very same notification as involved in the said appeal. It is, therefore, contended that the controversy involved in the present appeal is squarely covered by the said order and, consequently, the present appeal deserves to be disposed of in terms thereof. 2026:BHC-AUG:44548 55-FA-1888-2013.odt 2 4. The learned A.G.P. appearing for respondent Nos.1 and 2 as well as learned counsel for appearing for respondent No.3-acquiring body fairly concede the aforesaid position. 5. 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.276 of 2013 by order dated 13.08.2026, 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: O R D E R (i) The Appeal is partly allowed. (ii) The claimants are entitled to receive compensation @Rs. 60,000/- per acre for their acquired land and to that extent clause 2 of the operative part of the impugned awards stand modified. (iii) The claimants are entitled to receive all statutory benefits as per the land Acquisition Act, 1894. (iv) The claimants are entitled receive interest under Section 28 and 34 as per the law laid down by Full Bench of this Court in State of Maharashtra Vs. Kailash Shiva Rangari (2016(3) Mh.L.J. 457, from the date of award and 55-FA-1888-2013.odt 3 to that extent clauses 4 and 5 of the operative part of the impugned award stands modified. (v) Rest of the impugned award stands unaltered. (vi) Modified award be drawn accordingly. (vii) Deficit Court fee be paid. (viii) Pending Civil Applications, if any, stand disposed of [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane