Babu Rangnath Muley (Died) Thr Lrs Popat (Died) Thr Lrs Tolanbai And ORS v. The State Of Maharashtra
2025:BHC-AUG:30525 1 904, 905 and 909 fa st. 23548.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 FIRST APPEAL STAMP NO. 23548 OF 2021 Vitthal Dada Sathe (Died) through L.Rs. Bhimrao Dada Sathe .. Appellant
Versus
The State of Maharashtra through Collector Beed .. Respondent Shri Ramraje A. Deshmukh, Advocate for the Appellant. Shri S. V. Hange, A.G.P. for the Respondent - sole. AND 905 FIRST APPEAL STAMP NO. 23968 OF 2021 Laxman Rambhau Hagare and others .. Appellants
Versus
The State of Maharashtra through Collector Beed .. Respondent Shri Ramraje A. Deshmukh, Advocate for the Appellant. Shri N. R. Dayma, A.G.P. for the Respondent - sole. AND 906 FIRST APPEAL STAMP NO. 23932 OF 2021 Sitaram Ganpati Muley Since deceased through his L.Rs.
Sushilabai and another .. Appellants
Versus
The State of Maharashtra through Collector Beed .. Respondent
2 904, 905 and 909 fa st. 23548.21 Shri Ramraje A. Deshmukh, Advocate for the Appellants. Mrs. M. N. Ghanekar, A.G.P. for the Respondent - sole. AND 909 FIRST APPEAL NO. 2958 OF 2025 Babu Rangnath Muley Since deceased through his L.Rs.
Popat (Dead) through L.Rs.
Tolanbai and others .. Appellants
Versus
The State of Maharashtra through Collector Beed .. Respondent Shri Ramraje A. Deshmukh, Advocate for the Appellants. Mrs. M. N. Ghanekar, A.G.P. for the Respondent - sole. CORAM : SHAILESH P. BRAHME, J.
DATE : 07TH NOVEMBER, 2025.
FINAL ORDER :
.
Heard both sides finally with their consent.
2.
It is pointed out by the learned counsel for the appellants that present appeals are left out matters from the group, which was decided by judgment and order dated 09.05.2025. He tenders on record the copy of common judgment, by which the appeals of the claimants were allowed partly enhancing the compensation by awarding rate of Rs. 1,075/- per R on the ground of parity. It is submitted that the present appeals are also entitled to be allowed partly.
3 904, 905 and 909 fa st. 23548.21 3.
Learned Assistant Government Pleaders do not have serious objection for the submissions of the appellants. 4.
By common judgment and award dated 15.04.2004 Reference Court had decided the references. Being aggrieved, various appeals including present appeals are filed in this Court. Connected appeals bearing First Appeal No. 3858 of 2008 and other first appeals were decided by common judgment and order dated 09.05.2025. The sale instance at Exhibit 27 is treated to be sole exemplar. The rate is enhanced from Rs. 628/- per R to Rs. 1,075/- per R. On the ground of parity appellants are entitled to receive compensation at the rate of Rs. 1,075/- per R. 5.
Following are the necessary details of present appeals Sr. No. Name of the Appellant L.A.R. No.
Land Gut No.
01.
Vitthal Dada Sathe 3/45, 3/2/49, 3/50 02.
Laxman Rambhau Hagare and others 2/40 03.
Sitaram Ganpati Muley 94/23 04.
Babu Rangnath Muley 90/1/389 6.
I propose to adopt the same course in allowing the first appeals partly. I, therefore, pass following order.
4 904, 905 and 909 fa st. 23548.21
O R D E R
A.
First Appeals are allowed partly.
B.
Common Judgment and award dated 15.04.2004 passed by Ad-hoc Additional District Judge, Beed stands modified only to the extent of rate of the land which stands enhanced from Rs. 628/- per R to Rs. 1,075/- per R in every appeal and compensation shall be calculated accordingly in each case. C.
Except the above modification in operative part clause (I) in each references, rest of the operative part of the judgment and award under challenge stands confirmed.
D.
Appellants are entitled to receive compensation as per the enhanced rate referred above along with interest and statutory benefits as awarded by Reference Court and confirmed by the present judgment.
E.
Appellants shall pay deficit court fees on enhanced amount.
F.
Award be drawn accordingly in each of the appeals. [ SHAILESH P. BRAHME J. ] bsb/Nov. 25