Rajebhau S/O Gulabrao More v. The State Of Maharashtra Thr Collector, Jalna And ORS

2026:BHC-AUG:15129 1 120 fa 3282.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 3282 OF 2025 Aasaram Rama More .. Appellant

Versus

The State of Maharashtra, through Collector Jalna and others .. Respondents AND FIRST APPEAL NO. 3283 OF 2025 Rajebhau Gulabrao More .. Appellant

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The State of Maharashtra, through Collector Jalna and others .. Respondents AND FIRST APPEAL NO. 3284 OF 2025 Namdev Gulabrao More .. Appellant

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The State of Maharashtra, through Collector Jalna and others .. Respondents AND FIRST APPEAL NO. 3285 OF 2025 Digambar Gulabrao More .. Appellant

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The State of Maharashtra, through

2 120 fa 3282.25 Collector Jalna and others .. Respondents AND FIRST APPEAL NO. 3286 OF 2025 Vasant Rama More .. Appellant

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The State of Maharashtra, through Collector Jalna and others .. Respondents Shri Shubham M. Kakade, Advocate for the Appellant in all matters.

Mrs. P. V. Diggikar, A.G.P. for the Respondent Nos. 1 and 2 in all matters.

AND FIRST APPEAL NO. 423 OF 2026 Vilas Bhimrao More .. Appellant

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The State of Maharashtra, through Collector Jalna and others .. Respondents Shri Shubham M. Kakade, Advocate for the Appellant. Shri C. V. Bhadane, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 06TH APRIL, 2026.

FINAL ORDER :

.

Heard both sides finally with their consent.

2.

Appellants are challenging judgment and award passed by

3 120 fa 3282.25 the Reference Court awarding rate of Rs. 2,350/- per R for dry land and Rs. 3,525/- per R for semi irrigated land. It is submitted by the learned counsel Mr. S. M. Kakade that this Court has already taken view in awarding rate of Rs. 3,700/- per R for dry land, which was fixed in L. A. R. No. 608 of 2011. The rate was accepted by this Court in deciding group of appeals on 27.02.2026. The compilation is placed on record in respect of the submissions.

3.

Learned Assistant Government Pleader Mrs. Diggikar and Mr. Bhadane appearing for the respondents - State repel the submissions by contending that Reference Court has awarded reasonable compensation. Appellants have failed to make out any case on the ground of parity for further enhancement. 4.

Appellants lands are acquired from village Devgaon Khavne, Tq. Mantha for percolation tank No. 7. Same is treated to be dry land as well as semi irrigated land, which is not disputed in the present appeals.

.

Following are the material particulars :

Sr.

No.

First Appeal L. A. R.

No.

Gut No.

Acquire d Area Date of Notificatio n U/Sec. 4 Date of Award U/Sec. 11 Rate granted by the SLAO Rate awarded by the Reference Court 3282/2025 785/2012 0H 67R 05.09.2007 25.11.2010 Rs. 1000/- Rs. 2350/ per R dry Per R 3283/2025 813/2012 0H 25R 05.09.2007 25.11.2010 Rs. 1000/- Rs. 2350/ per R dry Per R 3285/2025 826/2012 0H 80R 05.09.2007 25.11.2010 Rs. 1000/- Rs. 3525/ per R semi Per R

4 120 fa 3282.25 irrigated 3286/2025 823/2012 0H 42R 05.09.2007 25.11.2010 Rs. 1000/- Rs. 2350/ per R dry Per R 3284/2025 794/2012 0H 80R 05.09.2007 25.11.2010 Rs. 1000/- Rs. 2350/ per R dry Per R 423/2026 390/2013 0H 91R 05.09.2007 25.11.2010 Rs. 1000/- Rs.

2,350/- per R for dry land and Rs. 3525/ per R semi irrigated Per R 5.

This Court has taken consistent view in accepting rate of Rs. 3,700- per R for dry land as it was done in L. A. R. No. 608 of 2011. The rate was adopted in case of acquisition of lands from village Deogaon Khavne. By common judgment dated 27.02.2026 passed in First Appeal No. 3292 of 2025 rate of Rs. 5,960/- per R was awarded for the dry land. I find that present appeals are squarely covered by the consistent view taken by this Court. 6.

Appellants are entitled to receive rate of Rs. 3,700/- per R for the dry land. Undisputedly lands under acquisition are dry as well as semi irrigated lands. Appellants are entitled to receive rate of Rs. 3,700/- per R for dry lands and Rs. 5,550/- per R for semi irrigated land.

7.

In First Appeal No. 3077 of 2025 the notification was issued on 26.08.2004. Considering the date of notification in the present case, he is entitled to have benefit of escalation at the rate of 10% per annum for three years. The rate, thus worked out to be Rs. 4,925/- per R for dry lands and Rs. 7,388/- per R for semi irrigated

5 120 fa 3282.25 lands. I therefore pass following order.

O R D E R

A.

The first appeals are partly allowed.

B.

Impugned judgment and order is modified to the extent that the appellants - claimants shall be entitled to rate of Rs. 4,925/- per R for dry land and Rs. 7,388/- per R for semi irrigated land.

C.

The appellants shall not entitled to interest and statutory benefit for the delayed period.

D.

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.

E.

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

F.

Appellants shall pay the deficit court fees.

G.

Award be drawn up accordingly.

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