RAMRAO SOPANRAO KADAM and ORS. v. THE STATE OF MAHARASHTRA and ORS.
FA/872/2007 · 2026-09-30
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DailyLaw.ai
[ 2026 DAILYLAW 15446 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15446 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 872/07 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1 FIRST APPEAL NO. 872 OF 2007 RAMRAO SOPANRAO KADAM AND ORS. VERSUS THE STATE OF MAHARASHTRA AND ORS. ... Advocate for Appellant : Mr. S.K. Adkine AGP for Respondent/State : Mr. S.S. Dande ...
CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :-
1. As the acquisition proceeding is of the year 1980, heard finally with the consent of learned counsel for the respective parties.
2. By this appeal, the appellants/original claimants assail the judgment and award dated 19.10.2001 passed by the 3rd Additional District Judge, Parbhani in LAR No. 419/1992 whereby the learned reference court dismissed the reference filed by the original claimants.
3. The house property of the claimants bearing Gram Panchayat No. 116 and 116/1 situated at village Shendra were acquired by the State for Agricultural University. Notification under section 4 of the Land Acquisition Act came to be published on 27.2.1980. Special Land Acquisition Officer (SLAO) published award on 31.3.1986 and has granted compensation of Rs.8650/-. The claimants received the amount under protest and filed reference under section 18 of the Act as SLAO has granted very meager and inadequate compensation. The learned reference court after considering the evidence on record, dismissed the reference and hence, the present appeal is filed. 2026:BHC-AUG:46540
FA 872/07 2
4. Mr. S.K. Adkine, learned counsel for original claimants relied upon the
order dated 23.11.2015 passed by the coordinate bench of this Court in First Appeal No. 782/2004 (Dinaji Gangadhar Dhage & Ors. Vs. State of Maharashtra) and contended that this Court has already considered the matter from the same village, from the same notification and from the same project whereby the house properties were acquired for Marathwada Krushi Vidyapith and this Court has granted rate of Rs.7.8 per Sq. Mtr. for acquired house property. The learned AGP has conceded the said position.
5. In view of the above, there is no reason to take a different view as the coordinate bench of this Court in above appeal which arises from the same village, from the same notification and from the same project has granted rate of Rs.7.8 per sq. Mtr. Hence, I pass the following order.
O R D E R (I) The appeal is partly allowed. (II) The appellants/claimants are entitled to receive compensation at the rate of Rs.7.8 per sq. mtr. for their house property. (III) The appellants/claimants are not entitled to receive interest and other statutory benefits for the delayed period, if any, caused in filing the present appeal. (IV) The appellants/claimants shall be entitled to all consequential statutory benefits under the provisions of the Land Acquisition Act, 1894 on the enhanced compensation in view of the judgment of Full Bench of this Court in the case of State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457. (V) The appellants/claimants shall pay the deficit court fee, if any, on the enhanced amount.
FA 872/07 3 (VI) The impugned judgment and award of the reference court is modified accordingly. (VII) Rest of the award shall remain unaltered. (VIII) Pending civil application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/