RAMANUJDAS BADRINARAYAN DAGA v. THE STATE OF MAH AND ORS
FA/2376/2008 · 2026-09-22
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DailyLaw.ai
[ 2026 DAILYLAW 14262 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14262 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 2376/08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 17 FIRST APPEAL NO. 2376 OF 2008 RAMANUJDAS BADRINARAYAN DAGA VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Appellant : Mr. Navin S. Shah i/b. Mr. A.R. Kale AGP for Respondent/State : Mr. S.S. Dande ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 22, 2026 PER COURT :-
1. Heard the learned counsel for the respective parties. 2. The present appeal arises out of the judgment and award dated 7.3.2008 passed by the learned Jt. Civil Judge, Senior Division, Omerga, in LAR No. 69/2005. 3. The learned counsel for the appellant and the learned AGP have tendered across the Bar a copy of the judgment and order dated 7.4.2026 passed by the Coordinate Bench of this Court in First Appeal No. 2102/2010 (The State of Maharashtra and Ors. Vs. Suresh Digambarrao Potdar) and other connected matters. They submits that the land of the present appellant was acquired from the same village, for the same public purpose, 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 judgment and order in FA 2102/2010 (supra), and consequently, the present appeal deserves to be disposed of in terms thereof. 4. Having considered the submissions advanced by the learned counsel 2026:BHC-AUG:44703
FA 2376/08 2 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 the Coordinate Bench in FA No. 2102/2010 (supra), 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 claimant/appellant is entitled to receive enhanced compensation at the rate of Rs.1,20,000/- per Acre for his irrigated land. (iii) The claimant shall be entitled to all consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894.
(iv) The claimant shall be entitled to interest under Section 34 of the Land Acquisition Act, 1894, strictly in accordance with the principles laid down by the Full Bench of this Court in State of Maharashtra v. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (v) Save and except the aforesaid modification, the judgments and award passed by the learned Reference Court stand confirmed. (vi) The claimant shall not be entitled to the interest for the period of delay, if any, condoned by this Court caused in filing the present appeal. (vii) The claimant shall pay the deficit Court-fees, if any. (viii) The modified award be drawn accordingly. (ix) Pending Civil Application, if any, stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/