Ranganath Digaji Lipne (Died) Thr Lrs Vishnu S/O Rangnath Lipne v. The State Of Maharashtra And ORS
2025:BHC-AUG:34925 ( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 20 FIRST APPEAL NO. 452 OF 2023 RANGANATH DIGAJI LIPNE (DIED) THR LRS VISHNU S/O RANGNATH LIPNE
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 21 FIRST APPEAL NO. 1372 OF 2025 MUKUND TATYASAHEB AMBHURE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
AND 22 FIRST APPEAL NO. 1378 OF 2025 TATYASAHEB AMBADASRAO AMBHURE DIED THR. LRS. MILIND T. AMBHURE AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
AND 23 FIRST APPEAL NO. 1380 OF 2025 MILIND TATYASAHEB AMBHURE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
AND 24 FIRST APPEAL NO. 1851 OF 2025 SHAIKH JABBAR SK. LAL
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND
( 2 ) ORS.
AND 25 FIRST APPEAL NO. 2569 OF 2025 SK NASRULLAH SK ABDULLAH
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
AND 26 FIRST APPEAL NO. 3200 OF 2025 BHIMRAO SAKHARAM DAWANDE AND ANR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
WITH FIRST APPEAL NO. 3201 OF 2025 SAKHARAM CHANDRABHAN DAWANDE AND ANR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
...
Mr. V. D. Bhise, Advocate for Appellant in all matters Mr. N. R. Dayma and Mrs. M. N. Ghanekar, AGP for Respondents/State in respective matters Mr. R. A. Tambe, Advocate for Acquiring Body in all matters ...
CORAM
: SHAILESH P. BRAHME, J.
DATE : 09.12.2025 PER COURT :- .
Heard both sides finally at the admission state. 2.
The issue involved in these appeals are no more res integra and
( 3 ) the appeals are squarely covered by common judgment and order dated 29.04.2025 passed by the coordinate bench. Learned counsel for the appellants tenders on record copy of the order dated 29.04.2025 passed in First Appeal No.197 of 202 and connected appeals. Learned counsel for the appellants submits that on the ground of parity their appeals are required to be decided.
3.
The acquisition pertains to the construction of Minor Irrigation Tank in 'Kasura Bruhat Laghu Patbandhare Prakalpa' of Taluka Partur, Dist. Jalna. It is submitted that the lands of various owners were acquired under the claim for the selfsame purpose. The matters reached this Court and the rate of Rs.1728 for dry land was fixed by reasoned order. 4.
Per contra, learned counsel Mr. Rahul Tambe submits that the appellants have not made out any case for enhancement of the compensation. It is submitted that appeals cannot be allowed by relying upon the judgment referred above. The Reference Court has taken reasonable and plausible view. It is submitted that interest was awarded by flouting the law laid down by Full Bench in the case of State of Maharashtra vs. Kailash Shiva Rangari reported in 2016(3) Mh.L.J.,.
5.
From the following chart, relevant facts which are necessary to hold that ground of parity can be made applicable to the appellants.
SR.
No.
F.A. No.
(L.A.R. No.) Gut No.
(AREA) U/sec 4 Notification U/sec 11 Award Date S.L.A.O. Rate Per R at time of passing of LR. Reference Court Type of land Reference Court Hon'ble High Court awarded Rate in same village and same award awarded rate per R awarded Date Award 20.
02 H 13 R (0 H 12 R -P.K.) 21.09.1995 31.07.1998 Rs.390/- Rs. 15/- P.K.
Rs. 488/- Dry land Rs.1,728/- for dry land (536/1998) Rs.2,592/- for Semi Irrig.
Rangnath (Died) Vishnu Lipne Rs.3,456/- for Bagayat Vs.
The State [Rs.864/-For Pot Kharaba] 21.
21.09.1995 31.07.1998 Rs.390/- Rs. 15/- P.K.
Rs. 488/- Dry land As above (541/1998) Mukund T Ambhure 01 H 95 R (0 H Vs.
The State of Maha & Or 19 R -P.K.) 22.
(535/1998) Rs.390/- Rs.525/- Dry land As above 01 H 70 R 21.09.1995 31.07.1998 Tatyasaheb (Died) Milind & Ors Vs.
The State of Maha 23.
01 H 80 R 21.09.1995 31.07.1998 Rs.390/- Rs. 488/- Dry land As above (541/1998) Milind T Ambhure Vs.
The State of Maha & Or Rs.1,728/- for dry land (150/1999) Rs.2,592/- for Semi Irrig.
Rs.440/- Rs.660/- Dry land Sk. Jabbar Sk Lal 24.
492/2/2 09.01.1997 13.01.1999 Rs.3,456/- for Bagayat Vs State & Ors 00 H 77 R [Rs.864/-For Pot Kharaba] 25.
02 H 00 R (513/1998) Sk Nasrullah Sk Abul 21.09.1995 31.07.1998 Rs.440/- Rs. 550/- Dry land As above Vs.
The State & Ors
(818/2011) 09.01.1997 13.01.1999 Rs.440/- Rs.660/- Dry land As Above Bhimrao S Dawande & Ors 26.
Vs State & Ors 03 H 02 R (0.10 P.K.) 26.
(817/2011) 02 H 39 R 09.01.1997 13.01.1999 Rs.440/- Rs.660/- Dry land As Above Sakharam C Dawande & Ors Vs State & Ors
( 6 ) 6.
By reasoned order, the coordinate bench fixed the rate of Rs.1728/- per Are. The reliance was placed on various judgments. The selfsame sale exemplar can be made applicable. I do not find any difficulty in awarding the same rate. The lands of the appellants are dry lands. They are entitled to enhancement.
7.
It is rightly pointed out by Mr. Tambe, learned counsel for the respondents that the interest in all the appeals has been awarded from the date of notification which is impermissible in view of the judgment of Full Bench in the case of State of Maharashtra vs. Kailash Shiva Rangari (supra). 8.
Applicants are entitled to have interest from the date of notification which is mentioned in above referred paragraph. I, therefore, pass the following order :
O R D E R
(i) All First Appeals are allowed partly with proportionate costs.
(ii) The appellant/s shall be entitled for the enhanced compensation of their land i.e. for dry land @ 1,728/- per Are.
(iii) The appellant/s shall be entitled to interest from the date of Award i.e. 31.07.1998 and 13.01.1999.
( 7 ) (iv) The appellant/s shall not be entitled to interest and statutory benefits for delayed period.
(v) All First Appeals are accordingly disposed of. (vi) In view of disposal of First Appeals, all pending Civil Applications stand disposed of.
( SHAILESH P. BRAHME, J. ) PRW