SHIVAJI MANIK BOLAKE v. THE STATE OF MAH THR. COLLECTOR OSMANABAD AND ORS
FA/1787/2011 · 2026-09-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13988 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13988 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
8-FA-1787-2011.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 8 FIRST APPEAL NO. 1787 OF 2011 Shivaji Manik Bolake VERSUS The State Of Maharashtra Through. Collector, Osmanabad And Others …… Mr. E.S. Murge, Advocate for Appellant Mr. A.M. Phule, AGP for Respondent-state Ms. R.D. Reddy, Advocate for Respondent No.3 …... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT :
1. Heard the learned counsel for the parties. 2. The present appeal arises out of the Judgment and Award dated 21.04.2016 passed by the learned 2nd Joint Civil Judge, Senior Division, Osmanabad, in Land Acquisition Reference No.216 of 2006. 3. The learned counsel for the Appellant and learned counsel appearing for the acquiring body submit that controversy involved in the present appeal is squarely covered by order dated 01.09.2026 passed by this Court in First Appeal No. 1775 of 2011 and connected matters as the land of the appellant was acquired from the same village i.e. Gaurgaon, for the same public purpose i.e. Nagulgaon Storage Tank, and under the very same notification as involved in the said appeal. It is, therefore, contended that the present appeal deserves to be disposed of in terms thereof. The learned A.G.P. appearing for respondent-State. 2026:BHC-AUG:44572
8-FA-1787-2011.odt 2
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 by order dated 01.09.2026 passed by this Court in First Appeal No. 1775 of 2011 and connected matters , 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) Appeal is partly allowed. (ii) The appellants/claimants are entitled to enhanced the compensation @ Rs.1,40,000/- per acre and to that extent Clause 2 of the operative part of the impugned judgment and award stands modified to that extent. (iii) The appellants/claimants shall be entitled to interest under Sections 28 and 34 as per law laid down in Full Bench judgment of this Court in State of Maharashtra vs. Kailash Shiva Rangari, 2016 (3), Mh.L.J. 457, from the date of award. (iv) Rest of the Award passed by the learned Reference Court stands confirmed.
(v) Modified Award be drawn accordingly. (vi) Deficit Court fees be paid. (vii) Pending Civil Application, if any, disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane