Datta Rangnath Rajbinde v. The State Of Maharashtra Through The Collector Jalna And ORS.

2026:BHC-AUG:17100 1 930 fa st. 26264

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 26264 OF 2024 Kashinath Manohar Rajbinde Since deceased through his L.Rs.

Dwarka Kashinath Rajbinde and others .. Appellants FIRST APPEAL STAMP NO. 6019 OF 2022 Devidas Bhaurao Karpe Since deceased through his L.Rs.

Chaturabai Karpe and others .. Appellants FIRST APPEAL STAMP NO. 6013 OF 2022 Sopan Bapurao Rajbinde Since deceased through his L.Rs.

Ramkala Sopan Rajbinde and others .. Appellants FIRST APPEAL STAMP NO. 2346 OF 2024 Shivaji Govindrao Panage

2 930 fa st. 26264 FIRST APPEAL STAMP NO. 2340 OF 2024 Vikram Babpurao Choudhary and another .. Appellants FIRST APPEAL STAMP NO. 24695 OF 2025 Prakash Babasaheb Kharat FIRST APPEAL STAMP NO. 24688 OF 2025 Indar Babasaheb Kharat FIRST APPEAL STAMP NO. 2354 OF 2024 Sundar Abhiman Rajbinde Since deceased through his L.Rs.

Indrabai and others .. Appellants FIRST APPEAL STAMP NO. 1761 OF 2024 Shahurao Bapurao Rajbinde

3 930 fa st. 26264 FIRST APPEAL STAMP NO. 1934 OF 2024 Asaram Shrirangrao Chavhal FIRST APPEAL STAMP NO. 2345 OF 2024 Govind Ashroba Panage FIRST APPEAL STAMP NO. 2353 OF 2024 Dinkar Tryambak Rajbinde FIRST APPEAL STAMP NO. 26261 OF 2024 Rustum Bapurao Rajbinde FIRST APPEAL NO. 480 OF 2026 Datta Rangnath Rajbinde

4 930 fa st. 26264 FIRST APPEAL NO. 476 OF 2026 Maroti Anna Rajbinde Shri D. A. Bide, Advocate for the Appellants in all matters. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in all matters.

Shri S. G. Bhalerao, Advocate for the respondent No. 3 in all matters.

CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH APRIL, 2026.

FINAL ORDER :

.

Taken up for final disposal with the consent of the parties. 2.

Appellants have taken exception to the judgment and award passed by the Reference Court and they are relying upon the consistent view being taken by this Court in various matters. They have placed on record compilation of relevant documents and judgments for pressing into service ground of parity. 3.

Learned counsel appearing for the respondent - acquiring body would contest the submissions. It is submitted that already adequate enhancement has been granted by the Reference Court.

5 930 fa st. 26264 Appellants have failed to make out any case for further enhancement. The ground of parity is not available to the appellants.

4.

Appellants lands from village Shridhar Jawale, Tq. Partur, Dist. Jalna stood acquired by notification dated 02.01.1999. The acquisition is for Nimna Dudhna Project. The rate offered by the Land Acquisition Officer was inadequate and appellants preferred references. The Court by impugned judgment enhanced the rate to Rs. 2,500/- per R for dry land, Rs. 3,750/- for seasonal irrigated land and Rs. 5,000/- per R for irrigated land. The classification of the lands is not disputed in the present cases.

5.

Following are the material particulars.

F.A. St.

No.

LAR No.

Gut No.

Tota l Acq uire 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 Jira yat Sem i irrig ated Irr iga ted Pot kh ara b 01H 21R 26264/2024 953/2010 176/1 01H 21R 02.01.1999 25.01.2002 Rs. 666/- per R Rs. 2500/- per R 2346/2024 148/2010 5/2 0H 66R 02.01.1999 25.01.2002 Rs. 735/- per R Rs. 2500/- per R R 2354/2024 255/2010 139/1 1H 38R 02.01.1999 25.01.2002 Rs. 701/- per R Rs. 2500/- per R 1H R 2353/2024 603/2010 190/2 60R 02.01.1999 25.01.2002 Rs. 767/- per R Rs. 2500/- per R R 48R 10R PK 20R 02R 48R 2345/2024 753/2010 02.01.1999 25.01.2002 Rs. 729/- per R Rs. 2500/- per R 20R Rs. 727/-

6 930 fa st. 26264 PK per R 2340/2024 1159/2010 1H 21R 1H 21R 02.01.1999 25.01.2002 Rs. 751/- per R Rs. 2500/- per R 59R 61R R 1761/2024 776/2010 135/1 192/3 07R 61R 59R 02.01.1999 25.01.2002 Rs. 635/- Rs. 741/- Rs. 753/- per R Rs. 5000/- Rs. 3750/- Rs. 2500/- per R 17R R 1934/2024 172/2010 190/3 17R 25R 02.01.1999 25.01.2002 Rs. 767/- Rs. 1484 per R Rs. 2500/- Rs. 5000/- per R 43R 24688/2025 170/2010 43R 02.01.1999 25.01.2002 Rs. 565/- per R Rs. 2500/- per R 24695/2025 1172/2010 64R 02.01.1999 25.01.2002 Rs. 565/- per R 64R Rs. 2500/- per R 8$R 32R 26261/2024 942/2010 138/2 139/2 192/2 58R 39R 19R 02.01.1999 25.01.2002 Rs. 715/- Rs. 701/- Rs. 753/- per R Rs. 2500/- Rs. 3750/- per R 97R R 6013/2022 171/2010 135/2 138/1 192/1 05R 58R 39R 02.01.1999 25.01.2002 Rs. 1270 Rs. 715/- Rs. 753/- per R Rs. 5000/- Rs. 3750/- per R 6019/2022 1012/2010 14/1 10/2 2H 29R R 51R 60R 20R 88R 36R 02.01.1999 25.01.2002 Rs. 745/- Rs. 733/- Rs.

1476/- Rs. 753/- Rs. 635/- per R Rs 2500/- Rs. 5000/- 41R 1H 22R 10R F.A. No.

476/2026 260/2010 176/3 176/4 41R 1H 22R 10R 02.01.1999 25.01.2002 Rs. 666/- Rs. 707/- Rs. 666/- Rs. 2500/- per R 61R F.A. No.

480/2026 151/2010 61R 02.01.1999 25.01.2002 Rs. 798/- Rs. 2500/- per R 6.

I have gone through the impugned judgment and award. I have also considered judgments produced on record to disclose consistent view being taken by this Court in case of acquisition of lands from cluster of villages for the purpose of Nimna Dudhna Project. This Court had an occasion to pass reasoned order in the matter of Pralhad Annasaheb Nirval Vs. State of Maharashtra and others in First Appeal No. 1778 of 2024 vide judgment dated 11.12.2025 granting rate of Rs. 2,500/- per R for dry land, Rs. 3,750/- per R for seasonal irrigated land,

7 930 fa st. 26264 Rs. 5,000/- per R for irrigated land and Rs. 1,250/- per R for pot kharat land. The same view has been consistently followed by this Court in enhancing the compensation. A common order dated 26.02.2026 passed by this Court in First Appeal No. 478 of 2026 with other connected matters in respect of acquisition of lands from self same village, under self same notification and award is also annexed fixing rate of Rs. 3,268/- per R for dry land, Rs. 4,902/- per R for semi irrigated land and Rs. 6,536/- per R for irrigated land. Appellants are also entitled to benefit of escalation with cumulative effect.

6.

Present appeals are squarely covered by the consistent view and consistently last common order passed in First Appeal No. 478 of 2026 and other connected matter. I, therefore, pass following order :

O R D E R

a.

The appellants shall be entitled to receive Rs. 3,268/- per Are for dry land, Rs. 4,902/- per R for seasonally irrigated land, Rs. 6,536/- per Are and Rs. 1,634/- per R for pot kharat for irrigated land, considering the nature of their lands classified by the Reference Court.

b.

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

c.

The appellants shall be entitled to receive the interest

8 930 fa st. 26264 under Section 28 and 34 of the Land Acquisition Act, 1894 as per Full Bench judgment of State of Maharashtra Vs. Kailash Shiva Rangari reported in [2016 AIR (Bom.)141].

d.

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

e.

Record and proceeding be sent back to the Reference Court, if any.

f.

The appellants shall pay deficit court fees, if any. g.

Award be drawn accordingly.

h.

The appellants shall be at liberty to approach the competent authority for claiming rental compensation which shall be decided in accordance with law.

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