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2026 DAILYLAW 13978 (BOM)

KESARBAI W/O. SHRIPAT PTHARE AND ORS v. THE STATE OF MAHARASHTRA AND ANR

FA/638/2010 · 2026-09-28

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Judgment text

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6-FA-638-10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 6 FIRST APPEAL NO. 638 OF 2010 Kesarbai W/o. Shripat Pthare And Others VERSUS The State Of Maharashtra And Another …… Ms. Rekha M. Mohale, Advocate h/f Mr. S.S. Choudhary, Advocate for Appellants. Mr. S.N. Morampalle, AGP for Respondents No.1 and 2 …… 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 31.03.2009 passed by the learned 3rd Joint Civil Judge, Senior Division, Ahmednagar, in Land Acquisition Reference No.47 of 2002. 3. Both the learned counsel submit that this Court has already decided the matter pertaining to village Vilad, Taluka and District Ahmednagar, arising out of the same notification and relating to the same project, vide its order dated 11.09.2026 passed in First Appeal No.639 of 2010, wherein this Court has relied upon the order dated 29.04.2026 passed by the Coordinate Bench in First Appeal No.2196 of 2010. It is, therefore, submitted that the present appeal may also be disposed of in terms of the said orders. 2026:BHC-AUG:44576 6-FA-638-10.odt 2 4. Having considered the submissions advanced by the learned counsel for the respective parties and upon perusal of the order dated 11.09.2026 passed by this Court in First Appeal No.639 of 2010 and the order dated 29.04.2026 passed by the Coordinate Bench in First Appeal No.2196 of 2010, I see no reason to take a different view. The present appeal, therefore, deserves to be disposed of in terms of the said orders. Hence, the following order: O R D E R I. The First Appeal is partly allowed. II. The impugned judgment and award passed by the learned Reference Court is set aside and modified as under:- a) The appellants are entitled to compensation at the rate of Rs.2,420/- per Are for the acquired land, excluding 21 Ares of barren land, for which the appellants are entitled to compensation at the rate of Rs.577/- per Are, inclusive of the amount of compensation already awarded and received by the claimants, alongwith all other statutory benefits, i.e., the additional component, interest, and solatium, as per the provisions of the Land Acquisition Act, 1894. b) The claimants are entitled for rental compensation for the period from 17.12.1994 to 30.03.2000 @ 9% p.a. III. The appellants are not entitled to interest for the delayed period, if any, condoned by this Court. 6-FA-638-10.odt 3 IV. The award be drawn up accordingly. V. Deficit court fees be paid. VI. The record and proceedings be sent back. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane