JAVED IKBAL A. MANNAN DESHMUKH v. THE STATE OF MAHARASHTRA AND ORS
FA/3080/2022 · 2026-01-13
Shri Shailesh P Brahme
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21694 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21694 (BOM) · dailylaw.ai ]
Judgment text
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11 to 14 FA 3074 22+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 11 FIRST APPEAL NO. 3074 OF 2022 A. JABBAR @ MANNAN A. SHIKUR DESHMUKH VERSUS THE STATE OF MAHARASHTRA AND ORS … AND 12 FIRST APPEAL NO. 3080 OF 2022 JAVED IKBAL A. MANNAN DESHMUKH VERSUS THE STATE OF MAHARASHTRA AND ORS … AND 13 FIRST APPEAL NO. 3156 OF 2022 MOHAMMAD GAUS A. HUSAIN DESHMUKH VERSUS THE STATE OF MAHARASHTRA AND ORS … AND 14 FIRST APPEAL NO. 3978 OF 2022 MOHAMMAD HARUN A. HUSAIN DESHMUKH VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Appellants in all F.A. : Mr. Koralkar Arun H. AGP for Respondents/State : Mr. S.V. Hnge, S.N. Morampalle and N.D. Raje in respective First Appeal Advocate for Respondent-Acquiring Body in respective F.A. : Mrs. Chaitali Chaudhari Kutti, Mr. Prashant S. Shinde ...
CORAM : SHAILESH P. BRAHME, J. DATE : 13.01.2026 PER COURT :
The appellants, who are original claimants are aggrieved by inadequate compensation given by the Reference Court in their respective 1/3 2026:BHC-AUG:1714
11 to 14 FA 3074 22+.odt references. All material facts are common, hence appeals can be decided by common order. They are claiming parity for getting rate of Rs. 4800/- per Are. Their lands are from village Mapegaon, Tq. Partur, Dist. Jalna, acquired for Nimna Dudhna Project.
2. The appeals are contested by the respondent-Acquiring Body. It is vehemently contended that ground of parity is not available to them.
4. Following are the material particulars: Sr. No. First Appeal No. L.A.R. No. Gat No. Total acqu -ired area U/sec.4 notification date U/sec.11 Award date SLAO rate per R as per Award Reference Court enhanced rate per R Type of land referenc e court awarded Jirayat 1) 3074/2022 889/2010 69 6H 54R 11.07.2002 11.02.2006 858.9/- per R for Dry land 2500/- Per R for dry land 6H 54 R 2) 3080/2022 305/2010 23/1 1H 46R 11.07.2002 11.02.2006 829.3/- per R dry land 2500/- Per R for dry land 1H 46R 3) 3156/2022 309/2010 66/2 4H 04R 11.07.2002 11.02.2006 888/- Per R for dry land 2500/- Per R for dry land 4H 04R 4) 3978/2022 306/2010 58/2 4H 04R 11.07.2002 11.02.2006 888/- Per R for dry land 2500/- Per R for dry land 4H 04R
5. The lands are dry lands. The respondents did not challenge the classification and the rate awarded by the Reference Court Rs. 2500/- per Are. Appellants are claiming benefit of escalation at the rate of Rs. 10% per annum for six years and 10 months. A common judgment and award dated 15.12.2025 is pressed into service to claim parity. In that case also lands from adjoining village were acquired and benefit of escalation was extended to them. This Court has taken consistent view in various other matters arising out of acquisition proceedings in respect of Nimna Dudhna Project in extending benefit of escalation. The appellants are entitled to have rate of Rs. 4800/- per Are for their dry lands. I, therefore, pass following order. 2/3
11 to 14 FA 3074 22+.odt
ORDER (i) First Appeals are allowed partly. (ii) The appellants shall receive the compensation at the rate of Rs. 4800/- per Are for dry land. (iii) The appellants shall not be entitled to claim interest and statutory benefits for the delayed period. (iv) The appellants shall be entitled to interest U/Sec. 28 and 34 of the L. A. Act is payable from the date of final award as per the judgment in the matter of State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513. (v) Save and except above, rest of the impugned
judgment and award shall stand unaltered. (vi) The appellants shall pay deficit court-fees. (vii) Award be drawn accordingly. (viii) Record and proceedings be sent back to the concerned Court.
( SHAILESH P. BRAHME, J.)
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