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Bombay High CourtFA/287/2026partly allowed and partly dismissed

Urmilabai Kailasrav Khavne v. The State Of Maharashtra Through Collector, Jalna And ORS

2026-03-26Hon'Ble Shri Justice Shailesh P. Brahme6 pages

2026:BHC-AUG:13525 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 FIRST APPEAL NO. 286 OF 2026 KAILAS KISANRAO KHAVNE 7 FIRST APPEAL NO. 287 OF 2026 URMILABAI KAILASRAV KHAVNE AGP for Respondent nos 1 & 2 : Mr. N. R. Dayma 8 FIRST APPEAL NO. 288 OF 2026 SUKHDEV LAKSHMAN KHAVNE AGP for Respondent nos 1 & 2 : Mr. S. V Hange 9 FIRST APPEAL NO. 290 OF 2026 SUBHASH VITTHALRAO KHAVNE AGP for Respondent nos 1 & 2 : Mrs. P. V. Diggikar

( 2 ) 10 FIRST APPEAL NO. 291 OF 2026 VISHNU LAKSHMAN KHAVNE AGP for Respondent nos 1 & 2 : Mr. C. V. Bhadane 11 FIRST APPEAL NO. 292 OF 2026 KHUSHAL KISANRAO KHAVNE 12 FIRST APPEAL NO. 293 OF 2026 UTTAM KISANRAO KHANWANE Addl.GP for Respondent nos 1 & 2 : Mr. A. R. Kale 13 FIRST APPEAL NO. 304 OF 2026 BABASAHEB LAKSHAMAN KHAVNE AGP for Respondent nos 1 & 2 : Mr. N R. Dayma 14 FIRST APPEAL NO. 305 OF 2026

( 3 ) VITTHAL RAMRAV KHAVNE AGP for Respondent nos 1 & 2 : Mrs. P.V. Diggikar 15 FIRST APPEAL NO. 306 OF 2026 BHANUDAS S/O VITTHAL KHAVNE THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND ORS AGP for Respondent nos 1 & 2 : Mr. C. V. Bhadane 16 FIRST APPEAL NO. 307 OF 2026 BALASAHEB LAKSHMAN KHAVNE

CORAM

: SHAILESH P. BRAHME, J.

DATE : 26.03.2026 PER COURT :- .

Heard both sides.

2.

These appeals can be decided by common judgment and order because the issue involved is already settled and covered by decision rendered in First

( 4 ) Appeal No. 3292/2025 on 27.02.2026.

3.

The appellants are challenging the judgment and award passed by the Reference Court in the respective reference applications. Their lands were acquired for percolation tank No. 17 which were from village Devgaon Khavne Tq Mantha, Dit. Jalna vide notification under Section 4 of the L.A. Act on 25.04.2012. The Spl. L.A.O. had offered rate of Rs. 2000/- per Are for dry land. The Reference Court enhanced the rate to Rs. 4800/- per Are for dry land and Rs. 7200/- per Are for semi irrigated land. They are claiming enhancement to the tune of Rs. 7212/- per Are for for dry land and Rs. 10818/- per Are for semi-irrigated land, relying upon consistent view being taken by this Court.

5.

Following are the material particular of the appeal : FA No.

LAR No.

Gut No.

Total Acquir ed 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 Jiraya t Semi irriga ted Irrig ated Pot khar ab 286/2026 52/2014 40-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 40-R 287/2026 47/2014 50-R 25.04.2012 06.02.2013 Rs.2000/- Rs/4800/- 50-R 288/2026 95/2014 40-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 40-R 290/2026 54/2014 10-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 10-R 291/2026 74/2014 30-R 25.04.2012 06.02.2013 Rs.2000/- Rs.7200/- 0H 30R 292/2026 81/2024 81-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 81-R 293/2026 82/2014 40-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 40-R 304/2026 50/2014 30-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 30-R 305/2026 49/2014 10-R 25.04.2012 06.02.2013 Rs.2000/- Rs.7200/- 0-H 10R 306/2026 80/2014 10-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 0H 10R 307/2026 53/2014 40-R 25.04.2012 06.02.2013 Rs.2000/- Rs.4800/- 40-R

( 5 ) 4.

The learned A.G.P. opposes the submissions. It is submitted that ground of parity has not made out. The Reference Court has granted reasonable enhancement and the appeals are liable to be dismissed. 5.

The classification of the lands is not in dispute. The lands from village Devgaon Khavne have been acquired. Previously also this Court had occasion to deal with the acquisitions of the lands from the self-same village. In First Appeal No. 3292/2025 with connected matters, this Court awarded rate of Rs. 5960/- per Are for dry land, as the notification in that case was issued on 26.01.2010. In the present case the notification is issued on 25.04.2012. 6.

I find that present appeals are squarely covered by the consistent view being taken by this Court. The rate fixed by this Court in First Appeal No. 3292/2025 can be made applicable subject to additional benefit of escalation with cumulative effect. The applicants are entitled to have escalation for two years at the rate of Rs. 10% per annum. Considering the escalation, the rate works out to Rs. 7212/- per Are for dry land and Rs. 10818/- per Are for semi irrigated land. I, therefore, pass following order.

O R D E R

a.

First Appeals are allowed partly.

b.

The appellants shall be entitled to receive rate of Rs.7212/- per Are for dry land and Rs. 10818/- per are for semi-irrigated land.

c.

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

( 6 ) 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 of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141].

e.

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

f.

Record and Proceeding be sent back to the Reference Court.

g.

The appellants shall pay deficit court fees.

h.

Award be drawn accordingly.

( SHAILESH P. BRAHME, J. ) mkd/-