Dhananjay Pandurangarao Ambhure v. The Godavari Marathwada Irrigation Development Corp. Jalna And ORS

1 941FA3435.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

FIRST APPEAL NO. 3435 OF 2019 [L.A.R. NO. 155/1999] The Godavari Marathwada Irrigation Development Corporation, Through the Executive Engineer, Minor Irrigation Division, Jalna, Tq. Jalna, Dist. Jalna.

...Appellant [Orig. Respondent No. 2]

Versus

Dhananjay S/o Pandurangrao Ambhure & Ors.

...Respondents

[Resp. No. 1 is Orig. Claimant] .......

Mr. B. R. Survase - Advocate for Appellant Mr. R. D. Raut - AGP for the State Mr. A. H. Koralkar - Adv for Respdt No. 1 .........

X-OBJECTION (STAMP) NO. 186 OF 2015 IN FA/3435/2019 Dhananjay S/o Pandurangrao Ambhure ...Applicant

Versus

The State of Maharashtra & Ors.

...Respondents

............

Mr. A. H. Koralkar - Advocate for the Applicant Mr. R. D. Raut - AGP for the State Mr. B. R. Survase - Advocate for Respondent No. 2 ............

WITH CIVIL APPLICATION NO. 11688 OF 2025 IN FA/3435/2019 .............

CORAM : NEERAJ P. DHOTE, J.

DATED : 29TH APRIL, 2026 ORAL ORDER : - 1.

Heard finally the learned Advocate for the Acquiring Body / Appellant and the learned Advocate for the Claimants.

2 941FA3435.2019.odt 2.

The First Appeal No. 3435 of 2019 is filed by the Acquiring Body against the enhancement granted by the learned District Judge - 1, Jalna, vide the Judgment and Award dated 15.02.2008, passed in L.A.R. No. 155 of 1999, awarding Rs. 525/- per Are for the acquired land, ad measuring 02 hectares and 60 Ares, out of Gut No. 18, situated at village Shrishti, Tal. Partur, Dist. Jalna, for the purpose of a Minor Irrigation Tank under the Kasura Bruhat Project. 3.

The Notification under Section 4 was issued on 21.09.1995, and the Special Land Acquisition Officer determined the rate at Rs.420/- per Are for dry land.

4.

It is clear that the rate enhanced by the learned Reference Court is within four (4) times than the rate determined by the Special Land Acquisition Officer. The Government Resolution dated 03.11.2016 and the Corrigendum to the said GR dated 23.02.2017 provide that no appeal shall be filed by the State or its instrumentalities if the award passed by the learned Reference Court is within four (4) times than the compensation granted by the Land Acquisition Officer. In view of this, the appeal needs to be disposed of.

5.

The Cross-Objection [St] No. 186 of 2015 is preferred by the Claimant.

3 941FA3435.2019.odt 6.

The learned Advocate for the Claimants places reliance on the common order dated 29.04.2025, passed by this Court in a group of First Appeals, one of which is First Appeal No. 197/2025, arising out of the same acquisition proceedings and the same notification under Section 4. In the said common order, this Court, on the basis of the judgment in L.A.R. No. 272 of 2014 arising out of the same acquisition proceedings, which was acquiesced to by the Acquiring Body, determined the rate at Rs.1728/- per Are for dry land. 7.

The learned Advocate for the Acquiring Body does not dispute the above-mentioned factual aspects.

8.

A perusal of the said common order shows that First Appeal Nos. 501/2025, 497/2025, 499/2025, 493/2025, and 495/2025 arise out of the references from the same acquisition proceedings, wherein the Section 4 notification was dated 21.09.1995, which is the same notification in the present case. The following order is passed:-

ORDER

[i] The First Appeal No. 3435 of 2019, preferred by the Acquiring Body, stands disposed of in view of the GR dated 03.11.2016 and the Corrigendum to the said Government Resolution dated 23.02.2017.

[ii] The Claimant in Cross-Objection [St] No. 186 of 2015 shall be entitled to the enhancement in compensation for dry

4 941FA3435.2019.odt land at the rate of Rs. 1728/- per Are, along with statutory benefits, excluding interest and statutory benefits for the delayed period as well as for the period from the date of notification under Section 4 of the Act until the date of the Award under Section 11 of the Act.

[iii] The Cross-Objection is accordingly disposed of. [iv] The Claimant is permitted to withdraw the amount deposited by the Acquiring Body under the Award, along with the interest accrued thereon.

[v] In view of the disposal of the Appeal and the Cross-Objection, all pending Applications, if any, stand disposed of.

[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 30/04/2026 16:03:00