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2026 DAILYLAW 7195 (BOM)

BABURAO MANIKRAO JANGAPALLE v. THE STATE OF MAHARASHTRA THR THE COLLECTOR, LATUR AND ORS

CA/12121/2022 · 2026-08-31

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Judgment text

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X-obj.No.116/26 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 33 X-OBJECTION NO. 116 OF 2026 IN FA/2723/2016 BASHIR HAKANI SHAIKH AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ORS ... WITH X-OBJECTION NO. 121 OF 2026 IN FA/2717/2016 GANESHGIR RISHIGIR GIRI VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH FIRST APPEAL NO. 2717 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS GANESHGIR RISHIGIR GIRI AND OTHERS … WITH X-OBJECTION NO. 117 OF 2026 IN FA/2722/2016 GULAB HUSSAIN SHAIKH VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH FIRST APPEAL NO. 2719 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS SANDEEP ALIAS SANJAY SHRIRAM ARADWAD AND OTHERS … WITH FIRST APPEAL NO. 2107 OF 2010 WITH CIVIL APPLICATION NO. 13838 OF 2025 IN FA/2107/2010 WITH CIVIL APPLICATION NO. 12121 OF 2022 IN FA/2107/2010 BABURAOL MANIKRAO JANGAPALLE VERSUS THE STATE OF MAHARASHTRA AND ORS … 2026:BHC-AUG:40605 X-obj.No.116/26 & Ors. 2 WITH FIRST APPEAL NO. 2723 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LATUR MINOR IRRIGATION DIVISION VERSUS BASHIR HAKANI SHAIKH AND OTHERS … WITH FIRST APPEAL NO. 2714 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS BABURAO MANIKRAO JANGAMPALLE AND OTHERS … WITH X-OBJECTION NO. 123 OF 2026 IN FA/2714/2016 BABURAO MANIKRAO JANGAMPALLE VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH FIRST APPEAL NO. 2722 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS GULAB HUSSAIN SHAIKH AND OTHERS … WITH X-OBJECTION NO. 119 OF 2026 IN FA/2720/2016 SANTOSH NARAYAN ARADWAD VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH X-OBJECTION NO. 118 OF 2026 IN FA/2721/2016 LAXMAN RATANGIR GIRI AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH X-OBJECTION NO. 122 OF 2026 IN FA/2716/2016 BHIMRAO MANIKRAO JANGAMPALLE X-obj.No.116/26 & Ors. 3 VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH X-OBJECTION NO. 120 OF 2026 IN FA/2718/2016 REVATABAI BHIMRAO JANGAMPALLE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ORS … WITH FIRST APPEAL NO. 2721 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS LAXMAN RATANGIR GIRI AND OTHERS … WITH FIRST APPEAL NO. 2718 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS REVATABAI BHIMRAO JANGAMPALLE AND OTHERS … WITH FIRST APPEAL NO. 2716 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS BHIMRAO MANIKRAO JANGAMPALLE AND OTHERS … WITH FIRST APPEAL NO. 2715 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS BABURAO MANIKRAO JANGAMPALLE AND OTHERS … WITH FIRST APPEAL NO. 2720 OF 2016 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION VERSUS SANTOSH NARAYAN ARADWAD AND OTHERS ... Advocate for the appellant/Obj. petitioners/claimants in respective mattes : Mr. G.K. Sontakke, Mr. S.S. Halkude Advocate for appellant/respondent/acquiring body : Mrs. Kalplata Patil- Bharaswadkar AGP for Respondent/State : Mr. S.S. Dande X-obj.No.116/26 & Ors. 4 ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 31, 2026 PER COURT :- 1. Heard the learned counsel for the respective parties. 2. The present appeals as well as cross objections are filed by the claimants as well as acquiring body against the judgments and award dated 11.6.2010 passed by the learned Jt. Civil Judge, Senior Division, Ahmedpur in different LAR Nos. 657/2007, 663/2007, 658/2007, 662/2007, 661/2007, 672/2007, 659/2007, 660/2007, 664/2007, whereby the learned reference court enhanced the compensation. 3. The learned counsel for the parties have tendered across the Bar a copy of the judgment and order dated 15.7.2026 passed by this Court in FA No. 2635/2010 (Uddhav Madhav Navtakke and Anr. Vs. The State of Maharashtra) and other connected matters. They submit that the lands of the original claimants were acquired from the same village, for the same public purpose i.e. for Tambat-Sangvi Storage Tank Project, and under the very same notification as involved in the said appeal. It is, therefore, contended that the controversy involved in the present appeal is squarely covered by the judgment and order in FA No. 2635/2010 (supra) and consequently, the present matters deserve to be disposed of in terms thereof. 5. Having considered the submissions advanced by the learned counsel for the respective parties, and in view of the admitted position that the controversy involved in the present appeal is identical to the one decided by X-obj.No.116/26 & Ors. 5 this Court in FA No. 2635/2010 (supra), I see no reason to take a different view. The present appeal, therefore, deserves to be disposed of in terms of the said judgment and order. Hence, the following order: O R D E R (i) Appeals filed by the acquiring body and cross objections filed by the original claimants are partly allowed. (ii) The claimants are entitled to compensation at the rate of Rs.2,82,204/- per Acre for dry land, Rs. 4,23,306/- per Acre for seasonally irrigated land as categorized by the reference court. (iii) The claimants are entitled to interest under sections 28 and 34 from the date of award as per the judgment of Full Bench of this Court in the case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (3) Mh.L.J. 457. (iv) Rest of the award passed by the reference court stands confirmed. (v) Modified award be drawn accordingly. (vi) The amount of compensation be paid after deposit of deficit court fees. (v) Pending civil application, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/