Dilwale 1 31-FA-1233-17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 31 FIRST APPEAL NO. 1233 OF 2017 Vithal Baburao Dhawale VERSUS The State Of Maharashtra And Ors ... Advocate for Appellant : Mr. Pawade Nilkanth R AGP for Respondent-State: Mr. S. N. Morampalle Advocate for Respondent No.3-acquiring body : Mr. Surwase B. R. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29.09.2026 PER COURT : 1. As the acquisition proceeding is of the year 2005, the appeal is being heard finally with the consent of learned counsel for the respective parties. 2. The appellant is assailing the judgment and award dated 16.04.2015 passed by Civil Judge Senior Division, Parbhani in LAR No. 26/2011, whereby learned Reference Court has enhanced the compensation. 3. The land of the claimant situated at village Salegaon Tal. Sailu Dist. Parbhani was acquired for the purpose of construction of Lower Dudhana Project (Left Canal) at Village Salegaon. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 17.03.2005. Award under Section 11 of the Act was passed on 19.06.2006 and SLAO awarded compensation @ Rs.875/- to Rs.990/- per 2026:BHC-AUG:46711 Dilwale 2 31-FA-1233-17.odt R. 4. Both counsel submit that present appeal can be disposed of in view of order passed by this Court in First Appeal No.1234 of 2017 with connected matters decided on 04.09.2026 arising out of same project and same notification. 5. As this Court has already decided the appeals arising out of same project and same notification, I am inclined to adopt the same view. The present appeal is disposed of in view of First Appeal No.1234 of 2017 with connected matters decided on 04.09.2026. Hence, I pass following order: ORDER (i) The First Appeal is partly allowed. (ii) The judgment and award dated 16.04.2015 passed by Civil Judge Senior Division, Parbhani in LAR Nos. 26/2011 is modified to the aforesaid extent that the appellant/claimant is entitled to receive compensation at the rate of Rs.5,869/- per R for his acquired dry land. (iii) The appellant shall not be entitled to interest and statutory benefits for the delayed period, if any. (iv) The appellant-claimant shall be entitled to all statutory benefits under the Land Acquisition Act, 1894, in accordance with law. (v) The appellant-claimant shall be entitled to interest Dilwale 3 31-FA-1233-17.odt under Sections 28 and 34 of the Land Acquisition Act, 1894, strictly in accordance with the Full Bench decision of this Court in State of Maharashtra Vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457. (vi) The remaining part of the Judgment and Award passed by the learned Reference Court shall remain unaltered. (vii) The modified award be drawn accordingly. (viii) The appellant-claimant shall pay the deficit Court fees, if any, on the enhanced compensation. (ix) Pending Civil Applications, if any, stand disposed of [ SIDDHESHWAR S. THOMBRE, J. ]