1 9-FA.1900-21 & ors (9-10).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1900 OF 2021 HANUMAN DEVRAO WAGHMARE VERSUS THE STATE OF MAHARASHTRA AND ORS WITH FIRST APPEAL NO. 1902 OF 2021 VITTHAL BABASAHEB WAGHMARE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ORS AND FIRST APPEAL NO. 1901 OF 2021 VITTHAL BABASAHEB WAGHMARE AND ORS VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Appellants in all FA : Mr. Koralkar Arun H. AGPs for Respondents-State : Mr. N. D. Raje, Mr. S. V. Hange, respectively. Advocate for Respondent No.3 : Mr. S. G. Karlekar – Absent. ... CORAM : SHAILESH P. BRAHME, J. DATE : 13.01.2026 FINAL ORDER :- 1. Taken up for final disposal with the consent of the parties. 2. Appellants are challenging judgment and award passed by Reference Court in distinct references. The notification under Section 4 and award are common. The lands are acquired for Nimna Dudhana Project. Appellants are relying on consistent view taken by this Court in granting enhancement by extending the benefit of escalation. They are claiming escalation @ 10 % per annum for ten (10) years. 1/4 2026:BHC-AUG:1501 2 9-FA.1900-21 & ors (9-10).odt 3. Appeals are contested by the respondents. It is submitted that no case is made out for enhancement of compensation. A reasonable view has been taken by the Reference Court. 4. Following are the material particulars in the present first appeals : Sr. No. First Appeal No. L.A.R . No. Gut No. Total Acquired 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 reference court awarded Jirayat Semi Irrigated Irrigated Pot Kharab 9 1900/ 2021 812/ 2011 27 03 H 98 R 25.08.2006 25.10.2006 Rs.7,23,360/- for total acquired land Rs.3,040/- per R. for Jirayat Land Rs.4,560/- per R. for Semi Irrigated Rs.6,080/- per R. for Irrigated Rs.1,520/- per R. for Pot Kharab 01 H 98 R 01 H 00 R 01 H 00 R 1902/ 2021 879/ 2010 29/3 03 H 11 R 25.08.2006 25.10.2006 Rs.5,92,995/- for total acquired land 00 H 91 R 00 H 80 R 01 H 19 R 00 H 21 R. 10 1901/ 2021 870/ 2010 28 07 H 76 R 25.08.2006 25.10.2006 Rs.13,15,560/- for total acquired land 04 H 65 R 01 H 33 R 01 H 66 R 00 H 12 R 5. The lands from village Nagapur, Taluka Partur, District Jalna have been acquired by the respondents. The classification of the lands referred above has not been challenged by the respondents. They did not lead any evidence before the Reference Court. The notification under Section 4 was issued on 25.08.2006 and award was passed on 25.10.2006. The rate of Rs.2500/- per R. as it was fixed in the matters when lands from village Satona were acquired is treated to be the bench mark. They are claiming escalation for ten (10) years. 2/4 3 9-FA.1900-21 & ors (9-10).odt 6. This Court has taken consistent view in enhancing the compensation in the first appeals preferred from village Satona and surrounding villages which form cluster. In all cases, the benefit of escalation with cumulative effect is admissible. The present appeals are squarely covered by following judgments. (i) Datta Eknath Manwatkar Vs. The Special Land Acquisition Officer, Jalna in FA.No.4285 of 2022. (ii) Shashikala Bapurao Manwatkar Vs. The State of Maharashtra and others in FA.No.1958 of 2018 & another. (iii) Pralhad Vs. State of Maharashtra in FA.No.1778 of 2024 & others. (iv) Abdul Hussain FA.No.354 of 2022. 7. The appellants are entitled to receive rate of Rs.6,477/- per R. for dry land, Rs.12,995/- per R. for irrigated land, Rs.9,715/- for semi irrigated land and Rs.3,238/- for Pot Kharab land after adding the benefit of escalation. I, therefore, pass following order : ORDER (i) First appeals are allowed partly. (ii) Appellants shall be entitled to receive rate of Rs.6,477/- per R. for dry land, Rs.12,995/- per R. for irrigated land, Rs.9,715/- for semi irrigated land and Rs.3,238/- for Pot Kharab land as the case may be in the respective appeals. 3/4 4 9-FA.1900-21 & ors (9-10).odt (iii) The appellants shall not be entitled to interest and statutory benefits for the delayed period. (iv) The appellants shall be entitled to interest under Section 28 and 34 from the date of award as per law laid down in the judgment of Full Bench in case of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141]. (v) Save and except above modification. Impugned judgment and award passed by Reference shall stand confirmed. (vi) The appellants shall pay deficit court fees, if any. (vii) Record and proceeding be sent back to the concerned Court, if any. (viii) Award be drawn accordingly. (SHAILESH P. BRAHME, J.) ... vmk/- 4/4