SAHAJI DATTATRAYA GHOGRE v. THE STATE OF MAHRASHTRA AND ORS
FA/46/2016 · 2026-09-30
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16060 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16060 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 46/2016 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 928 FIRST APPEAL NO. 46 OF 2016 SAHAJI DATTATRAYA GHOGRE VERSUS THE STATE OF MAHRASHTRA AND ORS ... Advocate for Appellant : Mr. V.V. Ingale h/f. Mr. K.B. Jadhav AGP for Respondent/State : Mr. A.D. Wange ...
CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :-
1. As the acquisition proceeding is initiated in the year 1993, heard finally with the consent of learned counsel for appellant/claimant and the learned AGP for State.
2. By this appeal, the appellant/original claimant assails the judgment and award dated 29.9.2010 passed by the learned Civil Judge, Senior Division, Osmanabad in LAR No. 133/1997.
3. The learned counsel for the appellant/original claimant as well as the learned AGP jointly submit that this matter can be disposed of in view of the
order passed by the coordinate bench of this Court in First Appeal No. 1920/2012 (The State of Maharashtra Vs. Satish Manohar Shinde and Anr.) decided on 10.9.2025, wherein rate of Rs.75/- granted by the reference court was confirmed by this Court, which arise from the same notification, from the same village and for the same project and hence, the same order may be passed in the present matter.
4. In the present matter also section 4 notification came to be issued on 20.1.1993, award by SLAO came to be passed on 20.1.1996 and the land of 2026:BHC-AUG:46788
FA 46/2016 2 the claimant was acquired for same purpose i.e. circuit house at Osmanabad. However, in the present matter, the learned reference court has granted compensation at the rate of Rs.40/- per sq. ft. only. Considering the submissions made above and in view of the order passed by this Court in FA No. 1920//2012 (supra), following order is passed.
O R D E R (i) The first appeal is partly allowed. (ii) The appellants/claimants are entitled to receive compensation at the rate of Rs.75/- per sq. ft. for acquired land. (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/claimant 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 claimants shall pay the deficit court fee, if any, on enhanced amount. (vi) The impugned judgment and award of the reference court is modified accordingly. (vi) Rest of the impugned award shall remain unaltered. (vii) Pending civil application, if any, stands disposed of.
( SIDDHESHWAR S. THOMBRE, J. ) ssc/