Sk. Miya Sk. Basu And Another v. The State Of Maharashtra, Through The Collector, Parbhani And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 14 FIRST APPEAL NO. 292 OF 2024 SHARAD BHANUDAS AKAT AND ORS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. N.D. Raje Advocate for Respondent No. 3 : Mr. Patil Ruturaj C. ...
15 FIRST APPEAL NO. 293 OF 2024 RAMESH SHESHRAO DHAVALE AND ORS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.V. Hange Advocate for Respondent No. 3 : Mr. Survase B.R. ...
16 FIRST APPEAL NO. 294 OF 2024 BHAURAO RAOSAHEB DHAVLE AND ANR
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.N. Morampalle Advocate for Respondent No. 3 : Mr. Survase B.R. ...
17 FIRST APPEAL NO. 295 OF 2024 SK. KABIR @ SK. KHADIR SK. BASU AND ANR
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.V. Hange Advocate for Respondent No. 3 : Mr. Survase B.R. 1/4
...
18 FIRST APPEAL NO. 296 OF 2024 KADAJI PANDURANG GAYKE (DIED) THR LRS. GANGUBAI KADAJI GAYKE AND ORS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. N.D. Raje Advocate for Respondent No. 3 : Mr. Patil Ruturaj C. ...
19 FIRST APPEAL NO. 297 OF 2024 SK. MIYA SK. BASU AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, PARBHANI AND ORS ...
Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba AGP for Respondent Nos. 1 & 2 : Mr. S.N. Morampalle Advocate for Respondent No. 3 : Mr. Survase B.R. ...
CORAM
: SHAILESH P. BRAHME, J.
DATE : 18.02.2026 ORDER :
.Heard both sides.
2.
Appellants in respective first appeals are challenging common judgment and award dated 16.04.2015 passed in L. A. R. Nos. 4/2013, 68/2011, 44/2011, 67/2011, 82/2011 and 78/2011. They are claiming enhancement of the compensation and the benefit of escalation on the ground of parity. For that purpose, reliance is placed on consistent view being taken by this Court in numerous matters. One such elaborate judgment is passed in the matter of Pralhad Annasaheb Nirwal vs. State of Maharashtra and others in First Appeal No.1778 of 2024 with connected matters on 11.12.2025.
2/4
3.
Learned Assistant Government Pleader for the respondent - State and the learned counsel for the acquiring body would oppose the submissions. It is submitted that the ground of parity is not attracted in the present appeal. Appellants have failed to make a case for enhancement and the appeal is liable to be rejected.
4.
In the present case, the lands from village Salegaon Tq. Selu, Dist. Parbhani, have been acquired for 'Nimna Dudhana Project'. The lands have been classified as dry lands. The classification has not been disputed by both the parties. The notification under Section 4 of the Land Acquisition Act was issued on 17.03.2005 which is relevant for determining the escalation. 5.
Following are the material particular of the appeal : FA Nos.
LAR Nos. Gat Total Acquire d area Notification u/s.4 Award u/s.
11 date SLAO rate as per award Ld.
Reference Court enhanced rate per R Type of land Ld.
Reference Court awarded Nos.
Jiray at Semi irriga ted Irri gat ed Pot kha rab 292/2024 4/2013 00-H 52-R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 00-H 52-R 293/2024 68/2011 00H 90-R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 90-R 294/2024 44/2011 0H 23R 0H 23R ---------- 0H 46R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 46R 295/2024 67/2011 0H 36R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 36R 296/2024 82/2011 1H 4R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 1H 4R 297/2024 78/2011 0H 46R 17.03.2005 19.06.2006 Rs 990/- & Rs.1009/- Rs 2,250/- 0H 46R 6.
This Court has taken consistent view in the matters of acquisitions of lands from cluster of villages for 'Nimna Dudhana Project'. After considering all aspects of the matters, rates of Rs. 2,500/- per Are for Jirayat land, Rs. 3,750/ per Are for Semi irrigated land, Rs. 5,000/- for per Are irrigated land and Rs. 1,250/- per Are for pot kharab land have been arrived at. The 3/4
benefit of escalation has also been granted in numerous cases. Present case is squarely covered by one such common judgment of Pralhad Annasaheb Nirwal vs. State of Maharashtra and others (supra). Appellants are entitled to receive rate of Rs. 2,500/- per Are for dry land, and escalation for 08 years 11 month and 17 days at the rate of 10% per annum. Thus the appellants are entitled to receive rate of Rs. 5,869/- per Are for dry land. The payment of interest shall be governed by the decision of the Full Bench of this Court in the matter of State of Maharashtra Vs. Kailash Shiva Rangari reported in [2016 AIR (Bom.)141].
8.
I, therefore, pass following order :
O R D E R
a.
First Appeal is allowed partly.
b.
The appellants shall be entitled to receive rate of Rs. 5,869/- per Are for dry lands.
c.
The appellants shall not be entitled to the interest and statutory benefits for the delayed period.
d.
The appellants shall be entitled to the interest under Section 28 and 34 of the Land Acquisition Act, 1894 as per Full Bench judgment in the matter of State of Maharashtra Vs. Kailash Shiva Rangari (supra).
e.
Save and except above modification, the impugned judgment and award shall stand unaltered.
f.
The appellants shall pay deficit court fees.
g.
Record and proceedings shall be sent back.
h.
Award be drawn accordingly.
( SHAILESH P. BRAHME, J.) mkd/- 4/4