Shivaji Vyankatrao Patil v. The State Of Maharashtra And Others

2025:BHC-AUG:35695 1 907FA3408.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

907 FIRST APPEAL NO. 3408 OF 2019 Shivaji Vyankatrao Patil

VERSUS

The State Of Maharashtra And Others ...

Mr. Amarjeet V. Patil - Advocate for Appellant Mrs. A. S. Deshmukh - AGP for State Mr. Shamsunder B. Patil - Advocate for Respondent No. 2 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 17TH DECEMBER, 2025 PER COURT : - 1.

This is an Appeal by the Original Claimant. The Appellant has preferred this Appeal under Section 54 of the Land Acquisition Act for further enhancement of compensation against the acquisition of his land for Shiradhon Minor Irrigation Tank, Shiradhon, Tal. Kallam, Dist. Osmanabad. The details of the land acquired are given in paragraph no. 2 of the Judgment dated 18.02.2014 passed by the learned Reference Court in Land Acquisition Reference No. 537 of 2001 and other connected References. Being not satisfied with the compensation enhanced by the learned Reference Court, this Appeal is filed.

2.

It is submitted by the learned Advocate for the Appellant that this Court in First Appeal No. 654 of 2014 [Sow. Prema

2 907FA3408.2019.odt Pramodkumar Laddha V. The State of Maharashtra and others, decided on 2nd April, 2019], enhanced the rate of compensation to Rs. 2890/- per Are. He submits that, subsequently, this Court in the connected First Appeal bearing No. 2217 of 2024 decided on 30th April, 2025 and First Appeal No. 919 of 2017 decided on 16th July, 2025, granted the same rate to the Claimants, whose lands were acquired from the same village and for the same project.

3.

The learned Advocate for the Acquiring Body does not dispute the aforesaid aspects. He submits that the Appeal can be disposed off in view of the said judgments, which have attained finality. 4.

The Appellant is similarly situated as that of the Appellants in the aforesaid Appeals in which the compensation is enhanced, and also the Appellant's land is of the same quality as that of the lands which were the subject matters of the aforesaid Appeals. In view of the above undisputed aspects, I proceed to pass the following order: -

ORDER

[i] The First Appeal is partly allowed.

[ii] The Claimant is entitled for the enhanced compensation at the rate of Rs. 2890/- [Rupees Two Thousand Eight Hundred and Ninety only] per Are for his acquired land with the statutory benefits under the Land Acquisition Act. [iii] The Appellant shall not be entitled for the interest and

3 907FA3408.2019.odt statutory benefits for the period of delay, if any, in filing the First Appeal.

[iv] Award be drawn up accordingly.

[v] First Appeal stands disposed off.

[vi] R&P be sent back to the learned Reference Court. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 17/12/2025 18:40:58