Bombay High Court
BABURAOL MANIKRAO JANGAPALLEversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the present matters are identical to the earlier case and disposed of the appeals accordingly, granting the specified compensation and interest.
Summary
The appellants and cross‑objection petitioners challenged the award dated 11‑June‑2010 of the Joint Civil Judge, Senior Division, Ahmedpur, which had enhanced compensation for lands acquired for the Tambat‑Sangvi Storage Tank Project. The parties submitted that the controversy was identical to that decided in FA No. 2635/2010 (Uddhav Madhav Navtakke v. State of Maharashtra) and urged disposal in accordance with that judgment. The Court examined the submissions and, accepting the identical‑facts contention, ordered that the present appeals be disposed of by reference to the earlier decision. Consequently, the claimants were awarded compensation of Rs 2,82,204 per acre for dry land and Rs 4,23,306 per acre for seasonally irrigated land, with interest under Sections 28 and 34 of the Land Acquisition Act, and the remainder of the original award was confirmed. The modified award is to be paid after payment of deficit court fees, and any pending civil applications were dismissed.
Issues considered
- The whether the present appeals and cross‑objections constitute the same controversy as decided in FA No. 2635/2010 and can be disposed of by reference to that judgment
- The appropriate quantum of compensation for the acquired lands
- The entitlement to interest under Sections 28 and 34 of the Land Acquisition Act
Legislation cited
- Land Acquisition Act, 1894 — s. 28, 34
Subjects
- land acquisition
- compensation
- interest
- sections 28 and 34
- Tambat‑Sangvi Storage Tank Project
- Maharashtra
- reference case
Judgment
2026:BHC-AUG:40617
X-obj.No.116/26 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
33 X-OBJECTION NO. 116 OF 2026
IN FA/2723/2016
BASHIR HAKANI SHAIKH AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
WITH
X-OBJECTION NO. 121 OF 2026
IN FA/2717/2016
GANESHGIR RISHIGIR GIRI
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 2717 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
GANESHGIR RISHIGIR GIRI AND OTHERS
…
WITH
X-OBJECTION NO. 117 OF 2026
IN FA/2722/2016
GULAB HUSSAIN SHAIKH
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 2719 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
SANDEEP ALIAS SANJAY SHRIRAM ARADWAD AND OTHERS
…
WITH
FIRST APPEAL NO. 2107 OF 2010
WITH
CIVIL APPLICATION NO. 13838 OF 2025 IN FA/2107/2010
WITH
CIVIL APPLICATION NO. 12121 OF 2022 IN FA/2107/2010
BABURAOL MANIKRAO JANGAPALLE
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
X-obj.No.116/26 & Ors.
2
WITH
FIRST APPEAL NO. 2723 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
LATUR MINOR IRRIGATION DIVISION
VERSUS
BASHIR HAKANI SHAIKH AND OTHERS
…
WITH
FIRST APPEAL NO. 2714 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
BABURAO MANIKRAO JANGAMPALLE AND OTHERS
…
WITH
X-OBJECTION NO. 123 OF 2026
IN FA/2714/2016
BABURAO MANIKRAO JANGAMPALLE
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 2722 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
GULAB HUSSAIN SHAIKH AND OTHERS
…
WITH
X-OBJECTION NO. 119 OF 2026
IN FA/2720/2016
SANTOSH NARAYAN ARADWAD
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
X-OBJECTION NO. 118 OF 2026
IN FA/2721/2016
LAXMAN RATANGIR GIRI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
X-OBJECTION NO. 122 OF 2026
IN FA/2716/2016
BHIMRAO MANIKRAO JANGAMPALLE
X-obj.No.116/26 & Ors.
3
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
X-OBJECTION NO. 120 OF 2026
IN FA/2718/2016
REVATABAI BHIMRAO JANGAMPALLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 2721 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
LAXMAN RATANGIR GIRI AND OTHERS
…
WITH
FIRST APPEAL NO. 2718 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
REVATABAI BHIMRAO JANGAMPALLE AND OTHERS
…
WITH
FIRST APPEAL NO. 2716 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
BHIMRAO MANIKRAO JANGAMPALLE AND OTHERS
…
WITH
FIRST APPEAL NO. 2715 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
BABURAO MANIKRAO JANGAMPALLE AND OTHERS
…
WITH
FIRST APPEAL NO. 2720 OF 2016
GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
VERSUS
SANTOSH NARAYAN ARADWAD AND OTHERS
...
Advocate for the appellant/Obj. petitioners/claimants in respective mattes :
Mr. G.K. Sontakke, Mr. S.S. Halkude
Advocate for appellant/respondent/acquiring body : Mrs. Kalplata Patil-
Bharaswadkar
AGP for Respondent/State : Mr. S.S. Dande
X-obj.No.116/26 & Ors.
4
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 31, 2026
PER COURT :-
1. Heard the learned counsel for the respective parties.
2. The present appeals as well as cross objections are filed by the
claimants as well as acquiring body against the judgments and award dated
11.6.2010 passed by the learned Jt. Civil Judge, Senior Division, Ahmedpur
in different LAR Nos. 657/2007, 663/2007, 658/2007, 662/2007, 661/2007,
672/2007, 659/2007, 660/2007, 664/2007, whereby the learned reference
court enhanced the compensation.
3. The learned counsel for the parties have tendered across the Bar a
copy of the judgment and order dated 15.7.2026 passed by this Court in FA
No. 2635/2010 (Uddhav Madhav Navtakke and Anr. Vs. The State of
Maharashtra) and other connected matters. They submit that the lands of
the original claimants were acquired from the same village, for the same
public purpose i.e. for Tambat-Sangvi Storage Tank Project, and under the
very same notification as involved in the said appeal. It is, therefore,
contended that the controversy involved in the present appeal is squarely
covered by the judgment and order in FA No. 2635/2010 (supra) and
consequently, the present matters deserve to be disposed of in terms
thereof.
5. Having considered the submissions advanced by the learned counsel
for the respective parties, and in view of the admitted position that the
controversy involved in the present appeal is identical to the one decided by
X-obj.No.116/26 & Ors.
5
this Court in FA No. 2635/2010 (supra), I see no reason to take a different
view. The present appeal, therefore, deserves to be disposed of in terms of
the said judgment and order. Hence, the following order:
ORDER
(i) Appeals filed by the acquiring body and cross objections filed by the
original claimants are partly allowed.
(ii) The claimants are entitled to compensation at the rate of
Rs.2,82,204/- per Acre for dry land, Rs. 4,23,306/- per Acre for seasonally
irrigated land as categorized by the reference court.
(iii) The claimants are entitled to interest under sections 28 and 34
from the date of award as per the judgment of Full Bench of this Court in
the case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (3)
Mh.L.J. 457.
(iv) Rest of the award passed by the reference court stands confirmed.
(v) Modified award be drawn accordingly.
(vi) The amount of compensation be paid after deposit of deficit court
fees.
(v) Pending civil application, if any, stand disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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