Padminbai Dhondiram Dongre Since Dceased Her Legal Heirs Ambadas And Others v. The State Of Maharashtra Through The Collector Latur

2026:BHC-AUG:16294 1 FA - 1063 / 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 119 FIRST APPEAL NO. 1063 OF 2026 PADMINBAI DHONDIRAM DONGRE SINCE DCEASED HER LEGAL HEIRS AMBADAS AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR ...

Advocate for appellant : Mr. P.P. More AGP for the respondent - State : Mr. N.R. Dayma ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15 APRIL 2026 PER COURT :

Heard both sides finally.

2.

Appellants are taking exception to the judgment and award dated 02.05.2023 passed in LAR No. 313 of 2006 passed by Civil Judge Senior Division, Latur.

3.

Learned counsel Mr. P.P. More tendered on record copy of the common judgment and award dated 07.11.2025 passed by Division Bench in First Appeal No. 2762 of 2023 with connected First Appeals, partly allowing the Appeals arising out of the selfsame acquisition proceeding. The Division Bench fixed the rate at Rs.165/- per sq. ft. for calculating the compensation which needs to be applied to the present case also.

2 FA - 1063 / 2026 4.

Learned AGP would submit that the facts of the present case are distinguishable and ground of parity is not available. The interest awarded by the reference Court is not in accordance with law. 5.

Appellants' land from village Babhalgaon, Tq. and District - Latur stood acquired by notification issued on 10.01.2003. The award was passed on 12.02.2004. However, the rate was awarded treating the land as irrigated land. Thereafter, reference Court enhanced the rate to Rs.125/- per sq. ft. Acquisition is for percolation tank no. 2 at village Babhalgaon.

6.

I have gone though the common judgment and award passed by the Division Bench, disposing of various First Appeals by fixing the rate of Rs.165/- per sq.ft. for awarding compensation. The present case is squarely covered by the aforesaid judgment. It would be desirable if the appellant is granted rate of Rs.165/- per sq. ft.

7.

The reference Court awarded interest under section 28 from the date of notification itself. In consonance with the law laid down by Full Bench judgment in State of Maharashtra Vs. Kailash Shiva Rangari [2016

(3) Mh.L.J. 457], the interest has to be awarded from the date of award. 8.

For the reasons stated above, I pass the following order :-

ORDER

a.

First Appeal is allowed partly.

3 FA - 1063 / 2026 b.

The appellants shall be entitled to receive compensation @ Rs.165/- per sq. ft.

c.

Appellants shall be entitled to receive interest under section 28 from the date of the award i.e. 12.02.2004, as is laid down in State of Maharashtra V. Kailash Shiva Rangari (supra). d.

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

e.

The appellants shall pay deficit Court fees.

f.

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

g.

Award be drawn accordingly.

h.

Record and Proceeding be sent back to the Reference Court.

[ SHAILESH P. BRAHME ] JUDGE arp/