Vishnu Pandurang Jadhav v. The State Of Maharashtra Through Collector, Osmanabad And Others
2025:BHC-AUG:35590 ( 1 ) 51 FA 911 OF 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 51 FIRST APPEAL NO. 911 OF 2023 VISHNU PANDURANG JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND OTHERS ...
Mr. V. V. Ingale, Advocate for Appellant Mr. S. V. Hange, AGP for Respondents/State ...
CORAM
: SHAILESH P. BRAHME, J.
DATE : 15.12.2025 PER COURT :- .
Heard both sides finally with their consent.
2.
Being aggrieved by the judgment and award passed in LAR No.05 of 2010, the present appeal is filed relying on the view taken in the matter of First Appeal No.1480 of 2024 as well as First Appeal No.766 of 2013. 3.
Learned AGP opposes the submissions of the appellant. 4.
Present case is squarely covered by earlier judgments passed in First Appeal No.766 of 2023 as well as First Appeal No.1480 of 2024. By way of compilation, learned counsel for the appellant has placed on record both judgments as well as common order. In the present matter, for rehabilitation of
( 2 ) 51 FA 911 OF 2023 earthquake effected persons from village Kavatha, the lands are from village Kavatha, and the Reference Court enhanced the compensation to the tune of Rs.43 per Sq.Meter. Appellant is claiming parity and the rate of Rs.20 per Sq.Foot. The ground of parity is rightly pressed into service. Appellant deserves to receive the rate of Rs.20 per Sq.Ft without there being any deduction.
5.
In that view of the matter, I pass the following order :
O R D E R
a.
First Appeal is partly allowed.
b.
The appellant shall be entitled to get rate of Rs.20/- per Sq.Ft.
c.
The appellant shall be entitled to rate of interest from the date of award under Section 28 of the Act.
d.
Save and except the above modification, impugned judgment and award shall stand unaltered.
e.
Award be drawn accordingly.
f.
R and P be sent back to the Reference Court.
g.
The appellant shall pay deficit court fees.
( SHAILESH P. BRAHME, J. ) PRW