Laxmibai Manchakrao Surwase (Died) Thr Lrs Ujwala And ORS v. The State Of Maharashtra And ORS
2025:BHC-AUG:36719 1 21-FA.1730-22 (21 to 31,39,48,49)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 21 FIRST APPEAL NO. 1730 OF 2022 DAULAT B. SURWASE (DIED) THR LRS SAVITRIBAI AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 22 FIRST APPEAL NO. 1773 OF 2022 BABASAHEB SITARAM SURWASE
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 23 FIRST APPEAL NO. 1831 OF 2022 BAPURAO SAHEBRAO SURVASE
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 24 FIRST APPEAL NO. 1956 OF 2022 SHIVAJI RAMESHWAR GHAYAL
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 25 FIRST APPEAL NO. 1957 OF 2022 RAMESHWAR DHONDIBA GHAYAL
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 26 FIRST APPEAL NO. 2060 OF 2022 DNYANOBA RAMBHAU DANGAT
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 27 FIRST APPEAL NO. 2063 OF 2022 BHUJANGRAO B. DANGAT (D) THR. LRS SAMPATRAO & ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND
2 21-FA.1730-22 (21 to 31,39,48,49) 28 FIRST APPEAL NO. 2064 OF 2022 LAXMIBAI M. SURWASE (DIED) THR LRS UJWALA AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 29 FIRST APPEAL NO. 2065 OF 2022 DATTATRAY BHUJANGRAO DANGAT
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 30 FIRST APPEAL NO. 2066 OF 2022 KACHRU SURYABHAN GHAYAL
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 31 FIRST APPEAL NO. 2067 OF 2022 SHRIMANT RAMKISAN DANGAT
VERSUS
THE STATE OF MAHARASHTRA AND ORS AND 39 FIRST APPEAL NO. 4205 OF 2022 ATMARAM SAHEBRAO DANGAT
VERSUS
THE STATE OF MAH. THR COLLECTOR, PARBHANI AND ORS AND 48 FAST/32264/2021 GANGARAM P. LAHANE (D) THR LRS SAKHARAM G. LAHANE
VERSUS
THE STATE OF MAH. THR COLLECTOR, PARBHANI AND ORS AND 49 FAST/32276/2021 RAMESH LAXMAN LAHANE AND ANR
VERSUS
THE STATE OF MAH. THR COLLECTOR, PARBHANI AND ORS
3 21-FA.1730-22 (21 to 31,39,48,49) ...
Advocate for Appellants/claimants in all FA : Mr. D. M. Kakade. AGPs for Respondent/s-State in respective FA : Mr. S. V. Hange and Mr. N. R. Dayma, respectively.
Advocate for Acquiring Body in respective FA : Mr. S. C. Arora, Mr. V. C. Solshe, Mr. B. R. Survase, Mr. A. M. Gaikwad, Mr. Anand Chawre (V/C) a/w. Ms. Vandana Sadawarte and Ms. Riya Khandelwal, Mr. C. V. Bodke h/f. Mr. R. M. Gaikwad, Mrs. S. D. Shelke, R. D. Reddy & Mr. S. G. Chincholkar, respectively. ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 18.12.2025 PER COURT :- 1.
Taken up for final hearing with consent of the parties. 2.
These appeals can be decided by common judgment. The issue involved is no more res-integra. Appellants are relying upon various judgments of the Co-ordinate Bench. The latest common judgment passed on 11.12.2025 in First Appeal No.1778 of 2024 and connected appeals. They are challenging judgment and award passed by the Reference Court on different dates in respective appeals. Their claim is to get rate of Rs.2500/- for dry land. They are not claiming escalation. 3.
Learned counsel for the respondents would oppose the submissions. According to them, parity is not attracted. Learned counsel Mr. Chawre submit that appellants have failed to prove the similarity of the lands and they are not entitled to any enhancement.
4 21-FA.1730-22 (21 to 31,39,48,49) 4.
The lands in the present appeals have been acquired from village Revalgaon for Nimna Dudhana Project. The village in the present matters is adjacent to Satona. The rate of Rs.2500/- per R. granted to the lands acquired from village Satona is treated to be benchmark by this Court in various judgments. As its a cluster of villages which were acquired for self-same project, the legal position is well settled. Appellants are also entitled to receive the rate which is consistently awarded by this Court. The respondent/acquiring body did not plead any evidence before the Reference Court. A consistent view is governing the field in awarding rate of Rs.2000/- per R. for dry land. The submission of the respondents that parity cannot be accepted, has to be rejected.
5.
Following are the material particulars of the lands.
Rate Awarded SEC.11 AWARD SLAO Classification of land made by reference court in Acquired Area Sr.
No.
Board FIRST APPEAL DETAILS LAR NO.
Gut No.
TOTAL SEC.4 NOTIFICATION RATE PER R Sr.no.
AREA by Ref.
DATE In ARE Court Dry Land.
Seasonal Irrigation Irrigated Pot kharab Land Daulatrao Bhaurao Surwase V/s The State of Maharashtra & Ors FA/1730/2022 334/201 8/1 96 R 12-07-1996.
27-122001.
RS.546 Babasaheb Sitaram Surwase V/s The State of Maharashtra & Ors FA/1773/2022 334/201 2/2/2 20 R '12-07-1996.
27-122001.
RS.573 Bapurao Sahebrao Survase V/s The State of Maharashtra & Ors FA/1831/2022 472/201 8/1, 8/4 2 H 08 R '12-07-1996.
27-122001.
RS.554
Shivaji Rameshwar Ghayal V/s The State of Maharashtra & Ors FA/1956/2022 655/201 33/4/ 41 R '12-07-1996.
27-122001.
RS.938 Rameshwar Dhondiba Ghayal V/s The State of Maharashtra & Ors FA/1957/2022 656/201 31/1/ 81 R '12-07-1996.
27-122001.
RS.529 Dnyanoba Rambhau Dangat V/s The State of Maharashtra & Ors FA/2060/2022 RS.468 RS.702 RS.234 1207/20 29/1/ 2 H 87 R '12-07-1996.
27-122001.
Bhujangrao Baliram Dangat V/s The State of Maharashtra & Ors FA/2063/2022 34/3, 25/1/ 4, 34/4 'RS.521 RS.782 RS.1010 536/201 77 R '12-07-1996.
27-122001.
Laxmibai Manchakrao Surwase V/s The State of Maharashtra & Ors FA/2064/2022 1225/20 2/2/2, 8/1/2 1 H 11 R '12-07-1996.
27-122001.
''RS.573 RS.546 Dattatray Bhujangrao Dangat V/s The State of Maharashtra & Ors 'RS.521 RS.782 RS.261 538/201 25/1/ 73 R '12-07-1996.
27-122001.
FA/2065/2022 Kachru Sauryabhan Ghayal V/s The State of Maharashtra & Ors FA/2066/2022 534/201 27/4 2 H 18 R '12-07-1996.
27-122001.
RS.548 Shrimant Ramkisan Dangat V/s The State of Maharashtra & Ors FA/2067/2022 540/201 28/2 3 H 79 R '12-07-1996.
27-122001.
RS.558 Atmaram Sahebrao Dangat V/s The State of Maharashtra & Ors FA/4205/2022 369/201 25/2/ 15 R '12-07-1996.
27-122001.
RS.557 Gangaram Punjaji Lahane V/s The State of Maharashtra & Ors FA/32264/2021 (stp) 2/3, 2/10/ 150 R '12-07-1996.
27-122001.
RS.558 393/201 Ramesh Laxman Lahane & Anr V/s The State of Maharashtra & Ors FA/32276/2021 (stp) 753/201 2/6/2 84 R '12-07-1996.
27-122001.
RS.559
21-FA.1730-22 (21 to 31,39,48,49) 6.
Appellants are entitled to receive rate of Rs.2500/- per R. for dry land, Rs.3,750/- for seasonal irrigated land, Rs.5,000/- for irrigated land and Rs.1,250/- for Potkharab land. I, therefore, pass following order :
ORDER
(i) First appeals are allowed partly.
(ii) The appellants are entitled to receive rate of Rs.2500/- per R. for dry land, Rs.3,750/- for seasonal irrigated land, Rs.5,000/- for irrigated land and Rs.1,250/- for Potkharab land for their respective lands. (iii) The appellants shall be entitled to receive interest under Section 28 and 34 of the Act as per law laid down in the judgment of Full Bench in case of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141].
(iv) Appellant shall not be entitled for interest and statutory benefits for the delayed period.
(v) Deficit court fees shall be paid by the appellants, if any. (vi) Award be drawn accordingly.
(vii) Record and proceeding be sent back to the concerned Court. (SHAILESH P. BRAHME, J.) ...
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