56-FA-776-2014.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 56 FIRST APPEAL NO. 776 OF 2014 WITH CIVIL APPLICATION NO.10782 OF 1015 Gopinath Narayan Dhoble (Died) Through Gayabai (Died) L.Rs. Umakant And Another VERSUS The State Of Maharashtra And Another …… Mr. S.S. Halkude, Advocate for Appellant Mr. S.S. Dande, AGP for Respondents No.1 and 2 …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT : ORDER IN CIVIL APPLICATION: 1. The present Civil Application is filed for bringing legal heirs of deceased appellant by condoning delay of 72 days by setting aside the abatement order, if any. 2. Considering the averments made in the application, the same is allowed in terms of prayer clauses (B) and (C). Amendment to be carried out accordingly. ORDER IN FIRST APPEAL : 3. Heard the learned counsel for the respective parties. 4. The present appeal arises out of the Judgment and Award dated 29.07.2013 passed by the learned Joint Civil Judge, Senior Division, Udgir,, in Land Acquisition Reference No.1497 of 2012 (Old L.A.R. No.420 of 2007). 2026:BHC-AUG:45712 56-FA-776-2014.odt 2 5. The learned counsel for the appellant has tendered across the Bar a copy of the judgment and order dated 13.07.2026 passed by the Coordinate Bench of this Court in First Appeal No.2385 of 2021 and connected matters. He submits that the land of the appellant was acquired from the same villages, i.e. Dengewadi and Hipparaga (Daul) for the same public purpose i.e. Daul Hipparga Storage Tank, 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. 6. The learned A.G.P. appearing for respondent Nos.1 and 2 fairly concedes the aforesaid position. 7. 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 the Coordinate Bench vide its order dated 13.07.2026 passed by the Coordinate Bench of this Court in First Appeal No.2385 of 2021 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) The First Appeal is partly allowed. 56-FA-776-2014.odt 3 (ii) The Claimants are held entitled for the compensation @ Rs.4846/- per R for the acquired lands i.e. dry lands, with statutory benefits on the said amount. (iii) The interest be calculated from the date of final Award i.e. 09.10.2006, as per the Judgment in State of Maharashtra v. Kailash Shiva Rangari, 2016 (3), 457. (iv) The Claimants shall pay the deficit court fees, if any. (v) The Claimants shall not be entitled for the interest for the delayed period, if any. (vi) Award passed by the learned Reference Court shall stand modified accordingly. (vii) Record and Proceedings be sent back to the learned Reference Court. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane