Asaram Jaywant Jagtap v. The State Of Maharashtra Through Collector Jalna And ORS

2026:BHC-AUG:17429 1 fa 3129.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 3129 OF 2025 Asaram Jaywant Jagtap .. Appellant

Versus

The State of Maharashtra, through the Collector Jalna and others .. Respondents Shri Shubham M. Kakde, Advocate for the Appellant. Mrs. P. V. Diggikar, A.G.P. for the Respondent Nos.1 and 2. Shri Umesh Mote, Advocate for the respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 16TH APRIL, 2026.

FINAL ORDER :

.

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

Appellant is challenging judgment and award dated 08.07.2019 passed by the Reference Court in L. A. R. No. 243 of 2013. He is claiming enhancement relying on the consistent view being taken by this Court. It is also followed in First Appeal No. 2141 of 2025.

3.

Land of the appellant from village Pandepokhari, Tq. Partur, Dist. Jalna, which I acquired for percolation tank. The notification U/ Sec. 4 of the L. A. Act was issued on 09.07.2010. The rate offered by the Special Land Acquisition Officer was Rs.1,359/- per R for dry land. The rate is enhanced to Rs. 3,924/-

2 fa 3129.25 per R by the Reference Court.

4.

Learned Assistant Government Pleader and the learned counsel for the acquiring body would contest the submissions. It is contended that no case is made out for any further enhancement and appeal is liable to be dismissed. 5.

Following are the relevant details.

F.A. No.

LAR No.

Gut No.

Total Acqu ired area Notificatio n 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 Jir aya t Se mi irri gat ed Irr ig at ed Po t kh ar ab 3129/2025 243/2013 282 02H 21R 09.07.2010 30.06.2011 Rs. 1359/- per R dry Rs. 3924/- per R for dry R 6.

While deciding First Appeal No. 2141 of 2025, rate fixed in L. A. R. No. 671 of 2011 was adopted to the tune of Rs. 4,629/- per R for dry land. The same rate can be adopted in the present matter. Appeal is squarely covered by the consistent view being taken by this Court.

7.

The appellant is entitled to have escalation by cumulative effect as per rate of 10% per annum for a period of three years as per the judgments of the Supreme Court in the matters of Huchangouda Vs. Assistant Commissioner and Land Acquisition Officer

3 fa 3129.25 reported in (2020)19 SCC 236 and Ali Mohammad Beigh and others Vs. State of Jammu and Kashmir reported in (2017) 4 SCC 717.. The notification in the present matter was issued on 09.07.2010, whereas notification in L.A.R. No. 671 of 2011 was issued on 09.08.2007. The rate works out to be Rs. 5,601/- per R for dry land. I, therefore, pass following order.

O R D E R

a.

The appellant shall be entitled to receive Rs. 5,601/- per Are for dry land, considering the nature of their lands classified by the Reference Court.

b.

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

c.

The appellant shall be entitled to receive 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 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.

4 fa 3129.25 f.

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

Award be drawn accordingly.

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