Vitthal Ramchandra Dongre v. The State Of Maharashtra Through Collector, Jalna And ORS

2026:BHC-AUG:1100 1 925-FA.1825+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1825 OF 2025 LAXMI RAMCHANDRA DONGRE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS AND FIRST APPEAL NO. 1904 OF 2025 VITTHAL RAMCHANDRA DONGRE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Appellants in both FA : Mr. Kakade Deepak M. AGPs for Respondent/s-State : Mr. S. V. Hange, Mr. S. N. Morampalle, Mr. S. V. Hange, respectively Advocate for Respondent No.3 in both FA : Mr. S. C. Arora. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 08.01.2026 FINAL ORDER :- 1.

Heard both sides finally at the admission stage. 2.

Appellants are challenging judgment and award passed by the Reference Court fixing the rate of Rs.2,000/- per R. instead of Rs.2500/- per R. They are relying upon common order passed by this Court on 18.12.2025 in group of first appeals arising out of self-same acquisition proceedings and acquired the land from the same village Salgaon. 3.

Respondents have contested the claim. It is submitted that appellants have failed to make out the case for enhancement of the rate. 1/3

2 925-FA.1825+1.odt 4.

Following are the material particulars in the present appeals : Sr.

No.

First Appeal No.

L.A.R. No.

Gut No.

Total area U/sec.4 notification U/sec.11 Award date SLAO rate Reference Type of per R as per Award Court enhanced rate per R land reference date court awarded Acquired Area in ARE 1825/2025 74/2010 01 H 70 R 10.12.1998 04.03.2002 Rs.591/- Rs.2000/- 01 H 70 R Dry Land Not 1904/2025 960/2010 01 H 21 R.

10.12.1998 04.03.2002 Rs.591/- Rs.2000/- 01 H 21 R.

on board Dry Land 5.

Appellants' lands are acquired for Nimna Dudhana Project and the lands are situated from village Salgaon. Those are dry lands. The Reference Court awarded rate of Rs.2000/- per R. The benefit of escalation has not been awarded.

6.

I have gone through common judgment and order dated 18.12.2025 passed in FA.No.241 of 2022 and connected appeals. In that case also lands from village Salgaon were acquired and escalation for two (2) years was claimed. Present case is squarely taken by view taken earlier. Appellants are entitled to receive the rate of Rs.3,176/- for dry land. I, therefore, pass following order :

ORDER

(i) First appeals are allowed partly.

(ii) The appellants shall be entitled to receive compensation @ of Rs.3,176/- per R.

2/3

3 925-FA.1825+1.odt (iii) The appellants shall not be entitled to interest and statutory benefits for the delayed period.

(iv) The appellants shall be entitled to interest under Section 28 and 34 from the date of award 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].

(v) Save and except above modification. Rest of the impugned judgment and award shall stand unaltered.

(vi) The appellants shall pay deficit court fees, if any. (vii) Record and proceeding be sent back to the concerned Court, if any.

(viii) Award be drawn accordingly.

(SHAILESH P. BRAHME, J.) ...

vmk/- 3/3