DADARAO GANPATRAO KAVLE v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
FA/2037/2025 · 2026-01-17
Shri Shailesh P Brahme
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21726 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21726 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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FA-2037-25+++ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 22 FIRST APPEAL NO. 2037 OF 2025 DADARAO GANPATRAO KAVLE VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. AND 23 FIRST APPEAL NO. 2150 OF 2025 DATTARAO DADARAO KAVALE DIED THR LRS SARUBAI AND ANR VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. AND 25 FIRST APPEAL NO. 3235 OF 2025 ANNA NARAYAN KAVALE DIED THR LRS DNYNOBA ANNA KAVLE VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. AND 26 FIRST APPEAL NO. 3236 OF 2025 ACHUTRAO SAHEBRAO KAVLE VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. AND 27 FIRST APPEAL NO. 3237 OF 2025 GANPAT GOVINDRAO KAVLE (DIED) THR. LRS SUNDAR GANPAT KAVALE AND ORS VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. AND 2026:BHC-AUG:2190
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FA-2037-25+++ 74 FIRST APPEAL NO. 2486 OF 2025 SANJIVANI BABASAHEB KAVHALE (DIED) THR. LRS PRADIP BABASAHEB KAVHALE VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. ... Shri. Kumar Gaurav More a/w. Shri. Firoj Ahmad Shirpurkar, Advocate for Appellants in all F.A. Shri. S. V. Hange, Shri. N. D. Raje and Shri. S. N. Morampalle, AGPs for Respondent-s/State in respective F.A. Mrs. Kalpalata Patil Bharaswadkar, Shri. R. A. Tambe, Shri. S. B. Kade, Advocate for Acquiring Body in respective F.A. … CORAM : SHAILESH P. BRAHME, J. DATE : 17.01.2026 FINAL ORDER :- . Heard both sides finally. 2. These appeals can be decided by common order as they are squarely covered by the consistent view taken by this Court. One such order dated 05.01.2026 passed in First Appeal No.1896 of 2021 is placed on record. On the ground of parity, the appellants are claiming enhancement to Rs.2400/- per Are. 3.
Following are the material particulars of the appeals :
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FA-2037-25+++ F.A.No.
LAR No. Gut No. Area Land type Date of notification u/s. 4 Date of award u/s.11 Rate granted by SLAO Rate awarded by Reference Court 2037 OF 2025 149/2012 74A 70A 0H, 97R&0H, 03R pot kharab 1H, 69R 97R jirayat 03 R pot kharab jirayat 13/05/1995 31/03/1999 623/R for jirayat 585/R for pot kharab 1500/-R for jirayat 750/- for pot kharab 2150 OF 2025 150/2012 24/1-A 2H, 25R jirayat 13/05/1995 31/03/1999 531/R for jirayat 1500/-R for jirayat 3235 OF 2025 166/2012 1/1-C 1H, 01R jirayat 13/05/1995 31/03/1999 625/R for jirayat 1500/-R for jirayat 3236 OF 2025 151/2012 1/3A 1H, 08R& 08R pot kharab 1h, 08R & 08R pot kharab 13/05/1995 31/03/1999 587 for jirayat 1500/-R for jirayat 750/- for pot kharab 3237 OF 2025 150/2012 74/A 1H, 75R& 03R pot kharab 1H, 75R& 03R pot kharab 13/05/1995 31/03/1999 630/R for jirayat 1500/-R for jirayat 2486 OF 2025 167/2012 22/2 1H, 93R& 09R pot kharab 1H, 93R& 09R pot kharab 13/05/1995 31/03/1999 585/R jirayat 1500/-R for jirayat 750/- for pot kharab
4. The submissions of the appellants are contested by the respondents. 5. The lands from village Kedarwakadi, Taluka Mantha, District, Jalna have been acquired for “Nimmna Dudhana” prject. The notification was issued on 13.05.1995. Thereafter, award was passed on 31.03.1999. All lands are Jirayat lands and some portions are classified as pot kharab. The Reference Court enhanced the compensation to Rs.1500/- per Are for jirayat land and Rs.750/- per Are for pot kharab land. 6. The present appeals are squarely covered by order dated 05.01.2026 passed in First Appeal No.1896 of 2021. In that case also, land
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FA-2037-25+++ from village Kedarwakadi was acquired. The notification was issued on 20.03.1995, preceding one year of 31.03.1996 for which the standard rate was 2500/- per Are. The appellants are also entitled to have rate of Rs.2400/- per Are. 7. I, therefore, pass following order :
O R D E R a. First Appeals are allowed partly.
b. The appellants shall be awarded rate of Rs.2400/- per Are. c. The appellants shall be entitled to the interest under Section 28 and 34 of the Act as per full Bench Judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]. d. The appellants shall not be entitled to the interest and statutory benefits for the delayed period. e. Save and except above, the impugned judgment and award passed by the Reference Court shall stand unaltered. f. The appellants shall pay deficit court fees. g. R and P be sent back to the Reference Court. h. Award be drawn accordingly. ( SHAILESH P. BRAHME, J. ) PRW