Bombay High CourtFA/437/2024partly allowed and partly dismissed

Tukaram S/O Bhimrao Borade v. The State Of Maharashtra Thr District Collector, Jalna And ORS

2026-01-28Hon'Ble Shri Justice Shailesh P. Brahme7 pages

2026:BHC-AUG:3817 1 fa 432.24

IN THE HIGH COURT of JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 432 of 2024 Vimalbai Dnyanoba Borade .. Appellant

Versus

The State of Maharashtra, through Collector, Jalna and others .. Respondents Shri D. A Bhide, Advocate and Shri Pravin B. Rakhunde, Advocate for the Appellant in all matters.

Shri S. N. Morampalle and Shri N. D. Raje A.G.P. for the Respondent Nos. 1 and 2 in respective matters. WITH FIRST APPEAL NO. 437 of 2024 Tukaram Bhimrao Borade .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents WITH FIRST APPEAL NO. 436 of 2024 Ashok @ Asaram Sudam Tanpure .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents WITH FIRST APPEAL NO. 230 of 2023 Aasaram Jeenaji Bobade and another .. Appellants

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Mrs. Geeta L. Deshpande, Advocate for the Respondent No. 3.

2 fa 432.24 WITH FIRST APPEAL NO. 491 of 2024 Rukminbai Subhash Mote .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Shri G. G. Suryawanshi, Advocate for the Respondent No. 3. WITH FIRST APPEAL NO. 3513 of 2022 Gangadhar Shivaji Tanpure .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Mrs. Geeta L. Deshpande, Advocate for the Respondent No. 3. WITH FIRST APPEAL NO. 3514 of 2022 Punjaram Bhimrao Borade .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent No. 3. WITH FIRST APPEAL NO. 3677 of 2022 Yunus Babamiya Momin .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Shri Bhushan V. Virdhe, Advocate for the Respondent No. 3.

3 fa 432.24 WITH FIRST APPEAL NO. 3682 of 2022 Sumitrabai Udhavrao Tanpure .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents WITH FIRST APPEAL NO. 3683 of 2022 Rukhminbai Uddhavro Mhaske .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Shri Ram B. Deshpande, Advocate for the Respondent No. 3. AND FIRST APPEAL NO. 3512 of 2022 Appasaheb Bapurao Mhaske .. Appellant

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents AND FIRST APPEAL NO. 483 of 2023 Bapurao Dhondiba Mhaske Since deceased through his L.Rs.

Aappasaheb and others .. Appellants

VERSUS

The State of Maharashtra, through Collector, Jalna and others .. Respondents Mrs. Sarita Gaikwad, Advocate for the Respondent No. 3.

4 fa 432.24 Shri D. A Bhide, Advocate and Shri Pravin B. Rakhunde, for the Appellants in all matters.

Shri S. N. Morampalle and Shri N. D. Raje A.G.P. for the Respondent Nos. 1 and 2 in respective matters. CORAM : SHAILESH P. BRAHME, J.

DATE : 28TH JANUARY, 2026.

FINAL ORDER :

With the consent of the parties appeals are decided finally at admission stage.

These appeals can be decided by common judgment as the location of the lands under acquisition, notification U/Sec. 4 of the Land Acquisition Act, 1894 and award are common. 3.

Appellants are challenging distinct judgments and award passed by the Reference Court in their respective references. Learned counsel Mr. D. A. Bide and Mr. P. B. Rakhunde for the appellants have placed on record chart showing necessary particulars and compilation for claiming parity. They are claiming rate of Rs. 4,426/- per R for dry land, when Reference Court awarded rate of Rs. 2,500/- per R only. Reliance is placed on various judgments which are part of compilation. Out of that common judgment dated 16.01.2026 passed in First Appeal No. 3681 of 2022 with other connected appeals is heavily relied. The lands from self same village Padali have been acquired under identical notification.

Learned counsels appearing for the respondent - acquiring

5 fa 432.24 body vehemently oppose the submissions and grounds of appeals. They would submit that the rate claimed by the appellants cannot be granted as a rule of thumb. Appellants are unable to make out a case for enhancement. The Reference Court has already enhanced the rate upto Rs. 2,500/- per R, which is reasonable and adequate.

Lands have been acquired from village Padali, Tq. Partur, Dist. Jalna for Nimna Dudhna Project. All are classified as dry lands. The parties are ad-idem for the classification of the lands. The notification U/Sec. 4 of the Land Acquisition Act was issued on 09.08.2002 and award was passed on 05.08.2005. 6.

Following are the material particulars.

Sr.

No.

First Appeal No.

L.A.R.

No.

Land gut No.

Area in (R) Date of Sec.

notification Date of Award U/Sec. 11 Rate granted by S.L.A.O.

Dry land Rate awarded by Reference Court Dry land 432/2024 90/2010 29/E 80R 09.08.2002 05.08.2005 Rs. 703/- Rs. 2500/- per R per R 3514/2022 416/2010 29/B 29/D 79R 80R 09.08.2002 05.08.2005 Rs. 662/- Rs. 2500/- per R per R 3683/2022 411/2010 31/D 60R 1H 18R 09.08.2002 05.08.2005 Rs. 726/- Rs. 2500/- per R 31/C per R 72R 3682/2022 1013/2010 44/B 85R 09.08.2002 05.08.2005 Rs. 555/- Rs. 2500/- per R per R 3513/2022 871/2010 44/A 2H 23R 09.08.2002 05.08.2005 Rs. 562/- Rs. 2500/- per R per R 3677/2022 1176/2010 24/3 24/3/D 20R 28R 09.08.2002 05.08.2005 Rs. 790/- Rs. 2500/- per R per R 230/2023 1230/2010 9/D 2H 84R 09.08.2002 05.08.2005 Rs. 765/- Rs. 2500/- per R per R

6 fa 432.24 437/2022 430/2010 37/C 37/D 1H 02R 1H 05R 09.08.2002 05.08.2005 Rs. 590/- Rs. 2500/- per R per R 436/2024 943/2010 44/A 2H 40R 09.08.2002 05.08.2005 Rs. 553/- Rs. 2500/- per R per R 491/2024 719/2010 7/E 1H 71R 09.08.2002 05.08.2005 Rs. 768/- Rs. 2500/- per R per R 3512/2022 22/2010 16/B 5H 72R 09.08.2002 05.08.2005 Rs. 733/- Rs. 2500/- per R (40R pot R kharab) 483/2023 485/2010 21/4 20/A 14/A 0.3R 0.85R 2H 31R 09.08.2002 05.08.2005 Rs. 706/- Rs. 2500/- per R R 7.

This Court has been taking consistent view of awarding rate of Rs. 2,500/- per R for dry land based on classification of the lands from village Satona acquired for Nima Dudhna Project. The cluster is comprising of various villages including village Padali. This Court had occasion to decide first appeals arising out of self same acquisition proceedings, notification and award vide common judgment dated 16.01.2026 in First Appeal No. 3681 of 2022 and other connected matters. Present appeals are squarely covered by the judgment. Appellants are entitled to claim escalation with cumulative effect. Considering the documents on record and various orders passed by this Court, which are produced on record by way of compilation, appellants are entitled to rate of Rs. 4,426/- per R for dry lands.

For the reasons mentioned above, I pass following order.

O R D E R

The first appeals are allowed partly.

7 fa 432.24 B.

The appellants are entitled to receive rate of Rs. 4,426/- per R for dry land and Rs. 6,629/- per R for seasonal irrigated land, Rs. 8,852/- per R for fully irrigated land and Rs. 2,213/- per R for pot kharab land.

The appellants shall be entitled to interest U/Sec. 28 and 34 of the L. A. Act is payable from the date of final award as per the judgment of the Full Bench of this Court in the matter of the State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513.

Save and except above modification, impugned judgment and award shall stand unaltered.

The appellants shall not be entitled to receive interest and statutory benefits for the delayed period.

The appellants shall pay the deficit court fees. G.

Award be drawn up accordingly.

Record and proceeding shall be sent back.

[ SHAILESH P. BRAHME J. ] bsb/Jan. 26