Parvati W/O Balaji Suryawanshi v. The State Of Maharashtra, Through The Collector Latur And ORS

2025:BHC-AUG:36067 1 07 fa 2389.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2389 OF 2025 Laxman Arjun Bansode .. Appellant

Versus

The State of Maharashtra and others .. Respondents WITH FIRST APPEAL NO. 2391 OF 2025 Bhimrao Prabhu Lave Since deceased through his L.Rs.

Prayagbai Bhimrao Lave and another .. Appellants

Versus

The State of Maharashtra and others .. Respondents WITH FIRST APPEAL NO. 2390 OF 2025 Rekha Nashivant Jamadar .. Appellant

Versus

The State of Maharashtra and others .. Respondents WITH FIRST APPEAL NO. 2392 OF 2025 Sitabai W/o Manik Waghmare .. Appellant

Versus

The State of Maharashtra and others .. Respondents

2 07 fa 2389.25 WITH FIRST APPEAL NO. 2393 OF 2025 Parvati W/o Balaji Suryawanshi .. Appellant

Versus

The State of Maharashtra and others .. Respondents Shri Gopal D. Kale, Advocate for the Appellants in all matters. Shri N. R. Dayma, A.G.P. for the Respondent Nos. 1 to 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH DECEMBER, 2025.

FINAL ORDER :

.

Heard both sides finally by consent of the parties. 2.

Common judgment and award dated 24.03.2022 has been assailed by the claimants seeking enhancement of the compensation on the ground of parity. They are claiming rate of Rs. 877.11 per square feet, which is consistently adopted in various judgments.

3.

Learned counsel for the appellants has placed on record compilation disclosing the material particulars and the judgments sought to be relied.

4.

The respondent acquiring body has contested the claim. Learned Assistant Government Pleader submits that the judgments which are sought to be relied upon cannot be made

3 07 fa 2389.25 applicable. Appellants have failed to make out due independent claim for enhancement of the compensation.

5.

It is case of acquisition of house properties from village Pakharsangvi and Harangul, Tq. and Dist. Latur. These villages are adjoining villages and the purpose of acquisition is for Pakharsangvi joint road. In all these appeals award was passed on 16.11.2010. In First Appeal No. 2389 of 2025, First Appeal No. 2393 of 2025 and First Appeal No. 2390 of 2025, lands from village Pakharsangvi were acquired. The Special Land Acquisition Officer awarded rate of Rs. 130/- per square meter, which is enhanced to Rs. 201/- per square feet by the Reference Court. In First Appeal No. 2392 of 2025 and First Appeal No. 2391 of 2025, lands from village Harangul were acquired. The S. L. A. O. awarded rate of Rs. 155/- per square meter which is enhanced to Rs. 351/- per square feet.

6.

I have gone through the judgment dated 16.02.2024 passed in First Appeal No. 2129 of 2018. For the self same project the properties from village Harangul were acquired. In that matter the S.L.A.O. had granted rate of Rs. 155/- per square meter, which was enhanced to Rs. 200/- per square feet by the Reference Court. By reasoned order Coordinate Bench of this Court enhanced the rate to Rs. 877.11 per square feet. Another Coordinate Bench followed the same rate in First Appeal No. 2145 of 2018, which was decided on 10th July 2024. It is further followed while partly allowing First Appeal No. 1226 of 2024 vide

4 07 fa 2389.25 order dated 12.06.2025. I have no difficulty in adopting the same course of enhancing the compensation to the rate of Rs. 877.11 per square feet.

7.

I, therefore pass following order.

O R D E R

A.

First appeals are partly allowed.

B.

Appellants are entitled to rate of Rs. 877.11 per square feet for the acquired land.

C.

Save and except above, impugned judgment and award shall remain unaltered.

D.

The appellants shall pay deficit court fees.

E.

Award be drawn up accordingly.

F.

The record and proceedings shall be sent back. [ SHAILESH P. BRAHME J. ] bsb/Dec. 25