Dilwale 1 910 & 911-fa-2908-2909-09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 FIRST APPEAL NO. 2908 OF 2009 Sheshrao Ramrao Devkate VERSUS The State Of Maharashtra And Ors ... Advocate for Appellant : Mr. S. V. Suryawanshi h/f Mr. Shinde Ganesh P. AGP for Respondent-State: Mr. S. S. Dande Advocate for Respondent No.3-acquiring body : Mr. B. R. Survase ... 911 FIRST APPEAL NO. 2909 OF 2009 Masiyoddin Rafiyoddin Patel VERSUS The State Of Maharashtra And Ors ... Advocate for Appellant : Mr. S. V. Suryawanshi h/f Mr. Shinde Ganesh P. AGP for Respondent-State: Mr. A. M. Phule Advocate for Respondent No.3-acquiring body : Mr. B. R. Survase ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29.09.2026 PER COURT : 1. As the acquisition proceeding is of the year 1999, the appeals are being heard finally with the consent of learned counsel for the respective parties. 2. The appellants are assailing the judgment and award dated 29.06.2009 passed by Civil Judge Senior Division, Kandhar in LAR Nos. 73 and 131 of 2007, whereby learned Reference Court has enhanced the compensation. 2026:BHC-AUG:46723 Dilwale 2 910 & 911-fa-2908-2909-09.odt 3. The land of the claimants from Gat No.88/P adm. 62R and Survey No.100 Adm.1H 60R situated at village Rawangaon, Ta. Mukhed, Dist. Nanded was acquired for the purpose of submergence area under the Lendi Project at village Rawangaon. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was published on 04.03.1999 and Award under Section 11 of the Act was passed on 11.09.2003. Notice under Section 12(2) was passed on 08.02.2004. 4. Both counsel submit that present appeals can be disposed of in view of order passed by this Court in First Appeal No.661 of 2011 with connected matters decided on 25.08.2026 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 appeals are disposed of in view of First Appeal No.661 of 2011 with connected matters decided on 25.08.2026. Hence, I pass following order: ORDER I. The First Appeals are partly allowed. II. The judgment and award dated 29.06.2009 passed by Civil Judge Senior Division, Kandhar in LAR Nos. 73 and 131 of 2007 is modified to the following extent: III. The appellants-claimants shall be entitled to compensation at the rate of Rs.2,723/- per R for non-irrigated land Dilwale 3 910 & 911-fa-2908-2909-09.odt and Rs.5,446/- per R for irrigated land as per the categorization of nature of land made by the learned Reference Court. IV. The appellants-claimants shall be entitled to all consequential statutory benefits on the enhanced compensation in accordance with the provisions of the Land Acquisition Act, 1894. V. The 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. VI. The claimants shall not be entitled to statutory benefits for the period of delay, if any, condoned by this Court. VII. The rest of the Judgment and Award passed by the learned Reference Court stands confirmed. VIII. The modified Award be drawn accordingly. IX. The claimants shall deposit the deficit court fees. X. Pending Civil Applications, if any, stand disposed of accordingly. [ SIDDHESHWAR S. THOMBRE, J. ]