Ramkrishna Mokindrao Ambhore Died Thr Lrs Renukabai Ramkrishna @ Ramkishan Ambhore v. The State Of Maharashtra And ORS

2025:BHC-AUG:32407 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 FIRST APPEAL NO. 567 OF 2011 1.

Panditrao Bhausaheb Ambhure Age 55 years, Occ. Agri. & Service R/o. Shrishti, Tq. Partur District Jalna 2.

Gangadhar s/o Panditrao Ambhure Age 35 years, Occ. Agriculture ...Appellants R/o. As above (Ori. claimants)

Versus

1.

The State of Maharashtra Through the Collector, Jalna District Jalna 2.

The Executive Engineer, Minor Irrigation Division-1, Jalna, District Jalna The Special Land Acquisition Officer (Minor Irrigation) Jalna

...Respondents

Tq. and District Jalna (Ori. respondents) ...

Advocate for Appellant : Mr. Vitthal D. Bhise AGP for Respondent Nos. 1 and 3: Mr. A.A. Khan Advocate for Respondent No.2 : Mr. B.R. Surwase .....

AND 6 FIRST APPEAL NO. 1413 OF 2013 WITH CIVIL APPLICATION NO. 3738 OF 2020 Ramkrishna Mokindrao Ambhore (Since deceased, through L.Rs.) Renukabai w/o Ramkrishna @ Ramkishan Ambhore Age 72 years, Occ. Agriculture

-2R/o. Shrishti, Tq. Partur, ...Appellant District Jalna (Ori. Claimant)

Versus

1.

The State of Maharashtra Through the Collector, Jalna District Jalna 2.

The Special Land Acquisition Officer (Minor Irrigation) Jalna Tq. and District Jalna The Executive Engineer, Minor Irrigation Division-1,

...Respondents

Jalna, District Jalna (Ori. respondents) ...

Advocate for Appellant : Mr. Vitthal D. Bhise AGP for Respondent Nos. 1 and 2: Mr. S.B. Jadhav Advocate for Respondent No.3 : Mr. B.R. Surwase .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 24th NOVEMBER 2025 ORAL JUDGMENT:- 1.

Both these appeals are preferred against the impugned judgment and award, passed by the learned Ad-hoc District Judge-1, Jalna i.e. the Reference Court in L.A.R. No.567 of 1998 dated 18.3.2008 and in L.A.R. No. 537 of 1998 dated 20.11.2007. 2.

Learned advocate for the appellants pointed out that in first appeal No. 567 of 2011 land Gat No. 492/3, admeasuring 08 Hectare and 76 Are and in first appeal No. 1413 of 2013 land Gat No. 422 admeasuring 01 Hectare and 68 Are, both situated at Shrishti,

-3Tq. Partur, district Jalna, came to be acquired for the purpose of construction of Kasura Irrigation Project. Learned advocate for the appellants submitted that the learned Reference court did not appreciate the evidence in its proper perspective and granted meager amount of compensation without considering the market price of the acquired lands. Learned advocate further pointed out the judgment of this Court, delivered in first appeal No. 197 of 2025 alongwith connected appeals (Sheshrao Abaji Ambhure Died through L.rs. Shantabai Sheshrao Ambhure and others vs. the State of Maharashtra, through the Collector, Jalna and others) decided on 29.04.2025, in which while deciding 12 appeals, this court held that the appellants in those appeals are entitled for enhanced amount of compensation at Rs.1,728/- per R for dry land.

Learned advocate further submitted that on the principle of parity, the claimants in these appeals are entitled for the same rate, as the lands acquired in those appeals and the present appeals are from one the same village i.e. village Shristhi, Tq. Partur, District Jalna. He therefore, prayed to allow these appeals by modifying the impugned judgment and award passed by the reference court.

Learned A.G.P. for the State and learned advocate for the acquiring body strongly opposed the appeals and submitted that the lands of the appellants are dry lands. The reference Court

-4considering the entire evidence on record awarded reasonable amount of compensation to the claimants. There is no scope for allowing these appeals. They lastly prayed to dismiss the appeals. 4.

On perusal of the impugned judgment and award as well as the judgment relied upon by the learned advocate for the appellants, it appears that this Court has awarded enhanced amount of compensation to the claimants, who are similarly situated and the acquired lands are situated in the same village. Therefore, the claimants are certainly entitled for enhanced amount of compensation on the principle of parity. The appeals therefore, deserve to be allowed. The impugned judgments and award deserve to be modified to the above extent. Hence, the following order:-

O R D E R

I.

First appeal Nos. 567 of 2011 and first appeal No. 1413 of 2013 are partly allowed with proportionate costs. The impugned judgments and award are modified to the following effect.

II.

The appellants in both the appeals are entitled for the enhanced compensation for their dry lands @ Rs.1,728.00

-5per R alongwith the statutory benefits, excluding interest and statutory benefits for the period of delay, if any, as well as for the period from the date of notification under Section 4of the Land Acquisition Act till the date of Award under Section 11 of the Land Acquisition Act.

III.

The First appeals are accordingly disposed of. IV.

In view of the disposal of the first appeals, pending civil application, stand disposed of.

(SANJAY A. DESHMUKH, J.) rlj/