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2026 DAILYLAW 19174 (BOM)

GOVIND SANDIPAN BHANDARKAR v. THE STATE OF MAHARASHTRA AND OTHERS

FA/1064/2017 · 2026-10-06

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Judgment text

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901-FA-603-17 (+6) Corrected.odt 1 This order is corrected by speaking to the minutes order dated 14.10.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 FIRST APPEAL NO. 603 OF 2017 Pradeep Vinayak Patil VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 604 OF 2017 Satish Vinayak Patil VERSUS The State Of Maharashtra And Others …… 902 FIRST APPEAL NO. 847 OF 2017 Rajabai Manikrao Ingale (died) Thro. Lrs. Gajendra Manikrao Ingale And Others VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 846 OF 2017 Manik Rangrao Ingale (Died) Through L.Rs. Gajendra Manikrao Ingale And Others VERSUS The State Of Maharashtra And Others …… 903 FIRST APPEAL NO. 1064 OF 2017 Govind Sandipan Bhandarkar VERSUS The State Of Maharashtra And Others WITH CIVIL APPLICATION NO. 11623 OF 2026 IN FA/1063/2017 Muktabai Gyanraj Bhosale (Died) Through L.Rs Swapnil VERSUS The State Of Maharashtra, Through Collector, Osmanabad And Others 901-FA-603-17 (+6) Corrected.odt 2 WITH FIRST APPEAL NO. 1063 OF 2017 Muktabai Gyanraj Bhosale VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 1065 OF 2017 Sandipan Baliram Bhandarkar VERSUS The State Of Maharashtra Through Collector, Osmanabad And Others …… Mr. V.V. Ingale, Advocate for Appellants-Claimants Mr. S.S. Dande, Mr. A.M. Phule and Mr. D.R. Korde, AGP for Respondents No.1 and 2 in respective matters. Mr. S.B. Mene, Advocate for Respondent No.3-Acquiring Body in FA/603/201, FA/604/2017, FA/847/2017 and FA/846/2017 Mr. V.C. Sholshe, Advocate for Respondent No.3-Acquiring Body in FA/1065/2017 Mr. M.P. Gude, Advocate for Respondent No.3-Acquiring Body in FA/1063/2017 and FA/1064/2017 …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 06 OCTOBER, 2026 PER COURT : ORDER IN CIVIL APPLICATION NO. 11623 of 2026: 1. The present Civil Application is filed for bringing the L.Rs. Of deceased Muktabai Gyanraj Bhosale, by condoning the delay of 238 days caused in filing the application. 2. For the reasons stated in the application, the Civil Application deserves to be allowed. The Civil Application is allowed in terms of prayer clauses (A) and (B). Amendment to be carried out forthwith. 901-FA-603-17 (+6) Corrected.odt 3 3. Heard the learned counsel for both the sides. 4. These appeals arise out of the Judgments and Awards dated 01.07.2013 passed by the learned Civil Judge, Senior Division, Osmanabad in Land Acquisition Reference Nos.610 of 2007, 647 of 2007, 259 of 2007, 376 of 2007, 372 of 2007, 373 of 2007 and 374 of 2007. 5. Learned counsel appearing for the respective parties fairly submit that the issue involved in the present appeals is squarely covered by the order dated 16.09.2026 passed by this Court in First Appeal No.4718 of 2017 and connected matters. They further submit that the present appeals were left out of the said group and, therefore, may also be disposed of in terms of the said order. 6. Having considered the submissions advanced by the learned counsel for the respective parties and since the controversy involved in the present appeals is admittedly covered by the order passed by this Court, I see no reason to take a different view. The present appeals, therefore, deserve to be disposed of in terms of the order dated 16.09.2026 passed in First Appeal No.4718 of 2017 and connected matters. Hence, the following order: O R D E R (i) The First Appeals are partly allowed. (ii) The impugned Judgments and Awards dated 01.07.2013, as applicable to the respective Land Acquisition References Nos.610 of 2007, 647 of 2007, 259 of 2007, 376 of 2007, 372 of 2007, 373 of 2007 and 374 of 2007, stand modified in the following terms. 901-FA-603-17 (+6) Corrected.odt 4 (iii) The claimants shall be entitled to receive compensation for their acquired lands at the following rates, according to the categorization recorded by the learned Reference Court: Classification of land Rate of compensation Irrigated land Rs.6,000/- per R Semi-irrigated land Rs.4,500/- per R Dry land Rs.3,000/- per R (iv) The 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 of this Court in State of Maharashtra v. Kailas Shiva Rangari, (supra). (vi) Claimants shall not be entitled to the statutory benefits for the period of delay, if any. (vii) The claimants and/or the legal heirs of the claimants shall be entitled to withdraw the amount, if any, deposited by the Acquiring Body in this Court, together with the accrued interest thereon, subject to the adjustment directed below. (viii) At the time of withdrawal, the Registrar (Judicial) shall verify the requisite documents, including the heirship certificate, wherever required. 901-FA-603-17 (+6) Corrected.odt 5 (ix) The amount already paid to the respective claimants shall be given due adjustment while calculating the amount payable under the modified Judgments and Awards. (x) The claimants shall pay the deficit court fees, if any. (xi) Save and except the above modifications, the impugned Judgments and Awards shall remain unaltered. (xii) Modified Awards shall be drawn accordingly. (xiii) Needless to mention that, in respect of the claimants who are reported to be dead and whose legal heirs have not been brought on record, the legal heirs of such claimants shall be at liberty to file execution proceedings before the learned Reference Court upon submitting the heirship certificate. (xiv) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane