ANANT BALIRAM AKAT.versusTHE STATE OF MAHARASHTRA, THROUGH DIST COLLECTOR, JALNA AND ORS.

2026:BHC-AUG:38322
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                                              1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                902 CIVIL APPLICATION NO. 9438 OF 2026 IN FA/3947/2017

                              Vitthal Maliba Akat And Another
                                          VERSUS
            The State Of Maharashtra, Through District Collector, Jalna And Others.

                                            AND
                     CIVIL APPLICATION NO. 9434 OF 2026 IN FA/3945/2017

                                    Anant Baliram Akat.
                                          VERSUS
               The State Of Maharashtra, Through Dist Collector, Jalna And Ors.

                                            AND
                     CIVIL APPLICATION NO. 9436 OF 2026 IN FA/3948/2017

                                 Rajkumar Mahadeo Akat
                                         VERSUS
                The State Of Maharashtra Through Collector Jalna And Others

                                            WITH
                     CIVIL APPLICATION NO. 9435 OF 2026 IN FA/3944/2017

                              Bhagwan Uttamrao Akat And Anr.
                                          VERSUS
              The State Of Maharashtra, Through Dist Collector, Jalna And Others

                                            AND
                     CIVIL APPLICATION NO. 9439 OF 2026 IN FA/3946/2017

           Sukhdeo (Died) Through His L.R.s. Babasaheb Sukhdeo Akat And Another
                                          VERSUS
                      The State Of Maharashtra Through Collector Jalna

                                            ……
          Mr. D.A. Mane, Advocate h/f Mr. Pawade Nilkanth R, Advocate for
          Applicants
          Mr. A.M. Phule, AGP fr Respondents No.1 and 2
          Ms.Chaitali Choudhari Kutti, Advocate for Respondent No.3
                                            ……
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                                       2

                                CORAM : SIDDHESHWAR S. THOMBRE, J.
                                DATE       : 21 AUGUST, 2026
PER COURT :

1.     These Applications are filed seeking modification of the order dated

06.07.2026 passed by this Court in First Appeal No.3947 of 2017 and

connected matters.


2.     Learned counsel for the applicants submits that, at the time of

hearing of the appeals, learned counsel appearing for the applicants had

placed reliance upon a copy of the order dated 08.12.2025 passed by the

Coordinate Bench of this Court in First Appeal No.1924 of 2022 and

connected matters. By the said order, the appeals were partly allowed and

the market value of the acquired dry lands was determined at the rate of

Rs.5,111/- per R. It is submitted that, in the said appeals, the lands under

acquisition were dry lands.


3.     Learned counsel further submits that the aforesaid order dated

08.12.2025 was passed by relying upon the earlier order dated 28.01.2026

rendered by the Coordinate Bench of this Court in First Appeal No.2861 of

2022 and connected matters, wherein the compensation was assessed at the

rate of Rs.5,111/- per R for dry land, Rs.7,666/- per R for semi-irrigated

land and Rs.10,222/- per R for fully irrigated land.


4.     It is, therefore, submitted that, as the controversy involved in the

present appeals is squarely covered by the order dated 28.01.2026 passed in
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First Appeal No.2861 of 2022 and connected matters, and as the lands

acquired in the present appeals are semi-irrigated and/or fully irrigated, the

corresponding rates of compensation determined in the said order also

ought to have been specifically referred to in the order dated 06.07.2026.

Learned counsel, therefore, prays for modification of the order dated

06.07.2026 to that extent.


5.     Learned counsel Ms. Chaitali Choudahri Kutti appearing for the

acquiring body, as well as the learned A.G.P., fairly concede the aforesaid

position.


6.     Having considered the submissions advanced by the learned counsel

for the respective parties and the averments made in the Applications, the

Civil Applications deserve to be allowed. Hence, the following order:


                                 ORDER

(i)    The Civil Applications are allowed.


(ii) Clause II of the operative part of the order dated 06.07.2026 passed by

this Court in First Appeal No.3947 of 2017 and connected matters shall

stand modified and shall read as under:


       “II.    The appellants-claimants are entitled to compensation
       at the rate of Rs.5,111/- per R for dry land, Rs.7,666/- per R
       for semi-irrigated land and Rs.10,222/- per R for fully
       irrigated land, as per the categorization of the nature of the
       lands made by the learned Reference Court.”
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(iii)      Rest of the order dated 06.07.2026 shall remain unaltered.


(iv)       Necessary correction be carried out accordingly and the corrected

copy of the order be uploaded.



                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE
S P Rane