64-FA-4441-2016.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 64 FIRST APPEAL NO. 4441 OF 2016 Subhash Jagannath Patil VERSUS The Special Land Acquisition Officer, Upper Tapi Project, …… Mr. A.B.Kale, Advocate for Appellant Mr. V.V. Tarde, Advocate for Respondent No.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 21.04.2006 passed by the learned Joint Civil Judge, Senior Division, Udgir, in Land Acquisition Reference No.283 of 2001. 3. Learned counsel for the appellant tendered across the Bar a copy of the order passed by the National Lok Adalat on 08.02.2020. It is submitted that the learned Reference Court had decided Land Acquisition Reference Nos.283 of 2001, 284 of 2001, 289 of 2001 and 290 of 2001. The present appeal arises out of LAR No.283 of 2001 (First Appeal No.4441 of 2016). It is submitted that the land of the appellant was acquired from the same village, namely, Dhargir, Taluka Erandol, District Jalgaon, for the same public purpose, i.e. Medium Project, and under the very same notification as 2026:BHC-AUG:45706 64-FA-4441-2016.odt 2 involved in the aforesaid matters. It is, therefore, submitted that the controversy involved in the present appeal is squarely covered by the said order of the National Lok Adalat and, consequently, the present appeal may also be disposed of in terms thereof. 4. Learned counsel Mr. V.V. Tarde for respondent No.2/Acquiring Body does not dispute the aforesaid position. He submits that before the National Lok Adalat, the matter was settled between the parties and it was agreed to accept the rate of Rs.2,00,000/- for jirayat lands, Rs.4,00,000/- for bagayat lands and 80% of the amount of valuation of the fruit-bearing trees. He further submits that he has no objection to passing a similar order in the present matter. 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 has already been settled before the National Lok Adalat vide its order dated 08.02.2020 passed in First Appeal No.3785 of 2019 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 order. Hence, the following order: O R D E R (i) The present First Appeal is disposed of in terms of the order dated 08.02.2020 passed by the National Lok Adalat in First Appeal No.3785 of 2019 and connected matters. 64-FA-4441-2016.odt 3 (ii) The appellants shall be entitled to compensation at the rate of Rs.2,00,000/- for jirayat land and Rs.4,00,000/- for bagayat land as per categorization done by the Reference Court. (iii) The appellant-claimant shall be entitled for the compensation towards fruit bearing trees @ 80% of the amount determined in the valuation report. (v) The claimant shall be entitled to consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894. (vi) The appellant-claimant 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 claimant 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