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Bombay High CourtFA/1771/2013disposed off

Bapurao Sadashiv Shirsat Died Thr Lrs Pravin Prakash More v. The State Of Maharashtra And ORS

2025-10-10Hon'Ble Shri Justice R. M. Joshi5 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 976 FIRST APPEAL NO. 235 OF 2010 Shaikh Afsar Shaikh Latif ....Appellant .....Respondents the Appellant.

FIRST APPEAL NO. 410 OF 2010 Shaikh Mehmood Shaikh Mohammad (Deceased through LRs) & another .. Appellants Mr. V. D. Bhise, Advocate for Appellants.

Ms. M. B. Gangwal, Advocate for Respondent No. 3. FIRST APPEAL NO. 425 OF 2010 Halimabee Shaikh Chand Ms. M. B. Gangwal, Advocate for Respondent No. 3.

- 2 - FIRST APPEAL NO. 408 OF 2010 Shikh Bashir Shaikh Abdul (Deceased through LRs) & others ..... Appellants FIRST APPEAL NO. 3130 OF 2013 Dadamiya S/o Sk. Kasam (Deceased through LRs) & another ..... Appellants Mr. V. D. Bhise, Advocate for the Appellants. FIRST APPEAL NO. 1771 OF 2013 Bapurao Sadashiv Shirsat (Deceased through LRs) & others ..... Appellants Mr. V. D. Bhise, Advocate for Appellants.

- 3 - FIRST APPEAL NO. 409 OF 2010 Shaikh Ayyub Shaikh Maheboob Ms. M. B. Gangwal, Advocate for Respondent No. 3. FIRST APPEAL NO. 3323 OF 2011 WITH CIVIL APPLICATION NO. 8466 OF 2019 IN FA/3323/2011 Dinesh Mukundrao Ambhure Mr. V. D. Bhise, Advocate for the Appellant.

Ms. M.B. Gangwal, Advocate for Respondent No. 3. FIRST APPEAL NO. 224 OF 2010 Shaikh Dastagir Shaikh Hussain & others ..... Appellants appellants.

FIRST APPEAL NO. 225 OF 2010

- 4 - Shaikh Pasha Shaikh Usman appellants.

FIRST APPEAL NO. 223 OF 2010 Shaikh Kasam Shaikh Usman CORAM : R. M. JOSHI, J.

DATE : 10th OCTOBER, 2025.

PER COURT :

1.

Not on board. By consent of both sides, taken on board. 2.

Learned counsel for both sides make a unanimous statement that present Appeals are arising out of acquisition under which the claims are decided by this Court in First Appeal No. 197/2005 and

- 5 - others vide order dated 29.04.2025. They seek order in present Appeals on the same line.

3.

Having regard to the aforestated facts, Appeals stand allowed in following terms :-

ORDER

(i) First Appeals are partly allowed with proportionate costs.

(ii) The Appellant/s shall be entitled for the enhanced compensation of their land i.e. for dry land @ Rs. 1728/- per R, for partially irrigated land Rs. 2,592/- per R and for fully irrigated land Rs. 3,456/- and for Pot Kharab land @ Rs. 864/- per R based on the class of their lands alongwith 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) All First Appeals are accordingly disposed of. (iv) In view of disposal of first appeals, all pending civil applications stand disposed of.

( R. M. JOSHI) Judge dyb