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Bombay High CourtFA/1031/2026partly allowed and partly dismissed

Krashnabai W/O. Sambha Died Through Lrs Dhondyabai . v. The State Of Maharashtra Through District Collector Nanded And ORS.

2026-04-08Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:15121 925 FA 1031 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 FIRST APPEAL NO. 1031 OF 2026 KRASHNABAI W/O. SAMBHA DIED THROUGH LRS DHONDYABAI .

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR NANDED AND ORS.

...

Advocate for Appellant : Mr. Valse Vikrant S. AGP for Respondent nos. 1 & 2 : Mrs. P. V. Diggikar Advocate for Respondent no. 3 : Mr. Akash D. Gade

CORAM

: SHAILESH P. BRAHME, J.

DATE : 08.04.2026 PER COURT :

Heard both sides.

2.

The appellant is challenging the judgment and award dated 10.10.2022 passed in L.A.R. No. 272/2011, on the ground of parity and the consistent view being taken by this Court. A copy of common judgment and award dated 12.12.2025 is placed on record.

3.

Learned counsel for the respondent-Acquiring Body opposes the submissions. It is contended that already sufficient enhancement has been granted by the Reference Court. Ground of parity is not applicable to the case at hand.

4.

I have gone through common order dated 12.12.2025 passed in acquisitions of lads for Lendi Project. In those appeals lands from village Bingoli Tq. Bhingoli Dist. Nanded were acquired. The relative of the appellant was one of the appellants in First Appeal No. 3297/2022. Relying on the consistent view being taken by this Court in earlier appeal which is referred in paragraph no. 8 of the order, the enhancement to the extent of 1/2

925 FA 1031 OF 2026.odt 70% was granted by this Court. Present case is squarely covered by the consistent view taken by this Court. The appeal deserves to be allowed.

ORDER

(I) First Appeal is allowed partly.

(II) The compensation granted by the Reference Court shall stand enhanced to further 70%.

(III) Save and except above modification, rest of the award under challenge shall stand unlatered.

(IV) Needless to mention that interest shall be payable from the date of Award.

(V) The appellant shall not be entitled to interest and statutory benefits for the delayed period, which is already condoned.

(VI) The appellant shall pay deficit court-fees.

(VII) Record and proceedings be sent back to the Trial Court.

(VIII) Award be drawn accordingly.

( SHAILESH P. BRAHME, J.) mkd/- 2/2