Bhimrao Laxman Shinde (Died), Bansi (Died) Pandit (Died) Prayagbai (Died) Common Lrs Asrabai And Or v. The State Of Maharashtra And ORS

2025:BHC-AUG:29127 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 63 FIRST APPEAL NO. 3877 OF 2023 BHAUSAHEB SHIVRAM GHUGE AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR WITH FIRST APPEAL NO. 3874 OF 2023 RAMPRASAD RAVAN SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH FIRST APPEAL NO. 3873 OF 2023 BHIMRAO LAXMAN SHINDE (DIED), BANSI (DIED) PANDIT (DIED) PRAYAGBAI (DIED) COMMON LRS ASRABAI AND OR

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH FIRST APPEAL NO. 3875 OF 2023 VISHWANATH RANGNATH SHINDE AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ORS Mr. D.M. Pingale, Advocate for the appellants. Ms. R.R. Tandale, AGP for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 13.10.2025 PC :- 01.

All these appeals are arising out of the same acquisition proceeding and are covered by same notification. Therefore, they are taken together.

02.

Below given is the chart showing First Appeal No., name of the parties, LAR No., Gut No., qualaity of land and rate given by the Reference Court.

( 2 ) Sr.

No.

First Appeal Name of Parties LAR No.

Gat No.

Area Quality of Market No.

Land Rate 1.

3873/2023 Bhimrao Laxman Shinde 1456/2010 04 H 01 R Non Rs.550/- per R irrigated 2.

3874/2023 Ramprasad Ravan Shinde 1342/2010 00 H 52 R Non Rs.550/- per R irrigated 3.

3875/2023 Vishwanath Rangnath 1340/2010 02 H 42 R Non Rs.550/- per R Shinde & Ors.

irrigated 4.

3877/2023 Bhausaheb Shivram 1502/2010 24 & 19 02 H 68 R Non Rs.550/- per R Ghuge irrigated 03.

It is seen that the Reference Court has enhanced the amount of compensation to Rs. 550/-. There is no dispute about the quality of the land. Learned Advocate for the appellant relies upon order dated 30.04.2025 of this Court in First Appeal No. 437 of 2025 with connected appeals, arising out of same acquisition proceeding. In the said order, this Court considered the arguments and considering all the aspects, enhanced rate to Rs. 1350/- per R. Learned Advocate for the appellant heavily relied upon said order. He submits that the said appeals were also arising out of the same acquisition proceeding. No different rate can be granted to the lands under the land acquisition proceeding from same village and same project. He thus prays for allowing the appeals. 04.

Learned Advocate Mr. Bhalerao for the Acquiring Body vehemently opposes the appeals. He submits that each land is different. Quality of the land is also different. However, he does not dispute that the aforesaid appeals were arising out of the same acquisition proceeding. He also relies upon order dated 25.06.2025 in FA No. 1282 of 2025, wherein the Court relying upon judgment in FA No. 437 of 2025 had granted rate of Rs. 1350/- per R.

( 3 ) 05.

This Court finds that when there are already appeals decided by this Court, there is no reason to take different view. Hence, following order :- i) The First Appeals are partly allowed.

ii) The appellants are held entitled for enhanced compensation @ Rs. 1350/- per R for the acquired land along with statutory benefits and interest excluding for the period of delay i.e. from the date of passing of the award till filing of the appeal before this Court. iii) The Acquiring Body to deposit enhanced compensation amount within six months from today.

[KISHORE C. SANT, J.] snk/2025/Oct25/fa3877.23