71-FA-1323-2017.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 71 FIRST APPEAL NO. 1323 OF 2017 Vasant Tulsiram Chavhan (Died) Through L.Rs. Shivaji Vasant Chavhan And Others VERSUS The Special Land Acquisition Officer, Jalgaon And Another AND FIRST APPEAL NO. 1322 OF 2017 Bhagwat Tulsiram Chavhan VERSUS The Special Land Acquisition Officer, Jalgaon And Another …… Mr. A.B. Kale, Advocate for Appellants Mr. A.M. Phule, AGP for Respondent No.1-State Mr. V.V. Tarde, Advocate for Respondent No.2-Acquiring Body …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. These appeals arise out of the impugned Judgments and Awards dated 20.01.2010 passed by the learned Joint Civil Judge, Senior Division, Jalgaon, in Land Acquisition References No.839 of 2005 (Old LAR No.432 OF 2004) and 832 of 2005 (Old LAR No.440 OF 2004). 3. The learned counsel for the appellant has tendered across the Bar a copy of the order dated 02.12.2025 passed by the Coordinate Bench of this Court in First Appeal No.1328 of 2007 and connected matters, wherein the 2026:BHC-AUG:45709 71-FA-1323-2017.odt 2 Coordinate Bench of this Court relied upon the order passed in First Appeal No. 2076 of 2023 dated 04.12.2013, by which the rate of Bagayat land is considered and accepted at Rs.4,00,000/- per Hectare and considered the compensation to the extent of 80% of the amount of the valuation report for the trees. He submits that the land of the appellants was acquired from the village Chinchkheda, Taluka Jamner, District Jalgaon for the same project i.e. Waghur Project, as involved in the said appeal. It is, therefore, contended that the controversy involved in the present appeal is squarely covered by the said orders, and consequently, the present appeal deserves to be disposed of in terms thereof. 4. The learned A.G.P. appearing for respondent Nos.1 and 2 fairly concede the aforesaid position. Learned counsel as well as the learnedappearing for the acquiring body also consented for passing the same order in the present matterrs. 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 the Coordinate Bench in the aforementioned 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 Appeals are partly allowed. 71-FA-1323-2017.odt 3 (ii) The impugned Judgments and Awards passed by the learned Joint Civil Judge, Senior Division, Jalgaon, in the above-referred Land Acquisition References are modified to the following extent. (iii) The Claimants are entitled to receive the enhanced amount of compensation at the rate of Rs.4,00,000/- per hectare for acquired bagayat lands, Rs.2,00,000/- for jirayat lands and Rs.1,00,000/- for potkharab lands, according to the categorization of the acquired lands made by the learned Reference Court. (iv) The appellants-claimants shall be entitled for the compensation towards fruit bearing trees @ 80% of the amount determined in the valuation report. (v) The claimants shall be entitled to consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894. (vi) The appellants-claimants shall be entitled to interest under Sections 28 and 34 of the Act, strictly in accordance with the Full Bench decision in State of Maharashtra vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (vii) The claimants shall pay deficit court fees, if any, on the enhanced compensation. (viii) The Claimants shall not be entitled for the interest for the delayed period, if any. (ix) Modified awards be drawn accordingly. (x) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane