Ganpat Jayak Nirwal (Died) Thr Lrs Datta And ANR v. The State Of Maharashtra Thr Collector, Jalna And ORS

2025:BHC-AUG:35595 ( 1 ) 50 FA 2820 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 FIRST APPEAL NO. 2820 OF 2022 RAMBHAU SITARAM BONE

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS WITH FIRST APPEAL NO. 2821 OF 2022 GANPAT JAYAK NIRWAL (DIED) THR LRS DATTA AND ANR

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS ...

Mr. D. M. Kakade, Advocate for Appellants Mr. N. R. Dayma, AGP for Respondents/State Ms. Sunita D. Shelke, Advocate for Respondent No.3 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15.12.2025 PER COURT :- .

Heard both sides finally at the admission stage. 2.

Appellants are challenging common judgment and award dated 21.12.2016 passed in LAR No.351 of 2012 and LAR No.356 of 2022. 3.

The issue involved in these appeals is no more res integra. This Court has taken consistent view of awarding rate of Rs.2500/- per Are with escalation at the rate of 10% per annum considering the bench mark rate of Rs.2500/- per R awarded to the land acquired from Village Satona vide

( 2 ) 50 FA 2820 OF 2022 notification dated 31.03.1996. The appellants have placed on record previous orders and the judgments of the coordinate benches to corroborate the enhancement of the rate.

4.

In both matters, the lands from village Padli (Pardhi) have been acquired for 'Nimmna Dudhna' project. The lands are dry lands. The respondent-acquiring body has not preferred any appeal. The appellants are entitled to receive the rate of Rs.2500/- per Are on the ground of parity. I have dealt with issue in the latest judgment dated 11.12.2025 passed in group of appeals in First appeal No.1778 of 2024 and connected matters.

O R D E R

a.

First Appeals are allowed partly.

b.

The appellants are entitled to receive the rate of Rs.4426 per Are for dry land. The appellants are also entitled to receive the rate of Rs.2213/- per Are for pot kharab land. c.

The appellants are entitled to have interest from the date of award.

d.

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

e.

Appellants shall not be entitled to the interest and statutory benefits for the delayed period.

f.

Record and Proceeding be sent to the Reference Court. ( SHAILESH P. BRAHME, J. ) PRW