902-APPLN-9438-2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 9438 OF 2026 IN FA/3947/2017 Vitthal Maliba Akat And Another VERSUS The State Of Maharashtra, Through District Collector, Jalna And Others. AND CIVIL APPLICATION NO. 9434 OF 2026 IN FA/3945/2017 Anant Baliram Akat. VERSUS The State Of Maharashtra, Through Dist Collector, Jalna And Ors. AND CIVIL APPLICATION NO. 9436 OF 2026 IN FA/3948/2017 Rajkumar Mahadeo Akat VERSUS The State Of Maharashtra Through Collector Jalna And Others WITH CIVIL APPLICATION NO. 9435 OF 2026 IN FA/3944/2017 Bhagwan Uttamrao Akat And Anr. VERSUS The State Of Maharashtra, Through Dist Collector, Jalna And Others AND CIVIL APPLICATION NO. 9439 OF 2026 IN FA/3946/2017 Sukhdeo (Died) Through His L.R.s. Babasaheb Sukhdeo Akat And Another VERSUS The State Of Maharashtra Through Collector Jalna …… Mr. D.A. Mane, Advocate h/f Mr. Pawade Nilkanth R, Advocate for Applicants Mr. A.M. Phule, AGP fr Respondents No.1 and 2 Ms.Chaitali Choudhari Kutti, Advocate for Respondent No.3 …… 2026:BHC-AUG:38323 902-APPLN-9438-2026.odt 2 CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 21 AUGUST, 2026 PER COURT : 1. These Applications are filed seeking modification of the order dated 06.07.2026 passed by this Court in First Appeal No.3947 of 2017 and connected matters. 2. Learned counsel for the applicants submits that, at the time of hearing of the appeals, learned counsel appearing for the applicants had placed reliance upon a copy of the order dated 08.12.2025 passed by the Coordinate Bench of this Court in First Appeal No.1924 of 2022 and connected matters. By the said order, the appeals were partly allowed and the market value of the acquired dry lands was determined at the rate of Rs.5,111/- per R. It is submitted that, in the said appeals, the lands under acquisition were dry lands. 3. Learned counsel further submits that the aforesaid order dated 08.12.2025 was passed by relying upon the earlier order dated 28.01.2026 rendered by the Coordinate Bench of this Court in First Appeal No.2861 of 2022 and connected matters, wherein the compensation was assessed at the rate of Rs.5,111/- per R for dry land, Rs.7,666/- per R for semi-irrigated land and Rs.10,222/- per R for fully irrigated land. 4. It is, therefore, submitted that, as the controversy involved in the present appeals is squarely covered by the order dated 28.01.2026 passed in 902-APPLN-9438-2026.odt 3 First Appeal No.2861 of 2022 and connected matters, and as the lands acquired in the present appeals are semi-irrigated and/or fully irrigated, the corresponding rates of compensation determined in the said order also ought to have been specifically referred to in the order dated 06.07.2026. Learned counsel, therefore, prays for modification of the order dated 06.07.2026 to that extent. 5. Learned counsel Ms. Chaitali Choudahri Kutti appearing for the acquiring body, as well as the learned A.G.P., fairly concede the aforesaid position. 6. Having considered the submissions advanced by the learned counsel for the respective parties and the averments made in the Applications, the Civil Applications deserve to be allowed. Hence, the following order: O R D E R (i) The Civil Applications are allowed. (ii) Clause II of the operative part of the order dated 06.07.2026 passed by this Court in First Appeal No.3947 of 2017 and connected matters shall stand modified and shall read as under: “II. The appellants-claimants are entitled to compensation at the rate of Rs.5,111/- per R for dry land, Rs.7,666/- per R for semi-irrigated land and Rs.10,222/- per R for fully irrigated land, as per the categorization of the nature of the lands made by the learned Reference Court.” 902-APPLN-9438-2026.odt 4 (iii) Rest of the order dated 06.07.2026 shall remain unaltered. (iv) Necessary correction be carried out accordingly and the corrected copy of the order be uploaded. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane