Sk. Yasin Sk. Chand v. The State Of Maharashtra And ORS

2025:BHC-AUG:30377 FA 4121 22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 103 FIRST APPEAL NO. 4121 OF 2022 SK. YASIN SK. CHAND

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Appellant : Mr. V.D. Bhise h/f Mr. Pisal Pramod A. AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange Advocate for Respondent No. 3 : Mr. Swami Mahesh Chandrashekhar ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.11.2025 PER COURT :

Heard both sides finally with consent.

2.

The issue involved in the first appeal is no more res integra. Already group of appeals was decided by the coordinate bench granting the rate which is claimed by the present appellant. A common judgment and order dated 29.04.2025 passed by coordinate bench in First Appeal No. 197/2025 and connected matters is placed on record for the ready reference. Besides that, the learned counsel for the respondent-Acquiring Body has fairly conceded the position that the appellant is entitled to have rate of Rs. 1728/- per Are for dry land, Rs. 2592/- per Are for partially irrigated land and Rs. 3456/- per Are for fully irrigated land. The written instructions of the competent authority are also placed on record. 3.

In view of the above position, first appeal needs to be allowed partly by following order:

ORDER

(I) First Appeal is partly allowed with proportionate costs. 1/2

FA 4121 22.odt (II) The appellant shall be entitled for the enhanced compensation of his land i.e. for dry land @ 1728/- per Are along with the statutory benefits, excluding interest and statutory benefits for the period of delay as well as for the period from the date of notification under Section 4 of the Act till the date of Award under Section 11 of the Act.

(III) First Appeal is accordingly disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2