GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, THR ITS THE EXE ENGINEER AND ANRversusLIMBRAJ GUNDAPPA TODKARI

2026:BHC-AUG:42312



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                                                                       9 FA 1412 OF 2018

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     9 FIRST APPEAL NO. 1412 OF 2018
                                                   WITH
                                   CIVIL APPLICATION NO. 2508 OF 2017
                                              IN FA/1412/2018

                      GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
                       CORPORATION, THR ITS THE EXE ENGINEER AND ANR
                                                VERSUS
                                     LIMBRAJ GUNDAPPA TODKARI
                                                    ...
                     Mr. P. S. Shinde, Advocate for Appellant (Through V.C.)
                     Mr. V. V. Ingale, Advocate for Respondent

                                                    WITH
                                     CIVIL APPLICATION NO. 99 OF 2025
                                            IN X-OBJST/8488/2023

                                     LIMBRAJ GUNDAPPA TODKARI
                                                VERSUS
                      GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
                       CORPORATION, THR ITS THE EXE ENGINEER AND ANR
                                                    …
                     Mr. V. V. Ingale, Advocate for Applicant
                     Mr. R. K. Ingole, AGP for Respondent-state
                     Mr. P. S. Shinde, Advocate for Respondent No.1
                                                    …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 15th September 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 99 OF 2025

                     .         This Civil Application is filed seeking condonation of

                     delay caused in filing the cross-objection in the first appeal.
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                                                  9 FA 1412 OF 2018

2.    Feeling aggrieved by the impugned judgment and

award dated 30.04.2012 passed by the learned 3 rd Joint Civil

Judge, Senior Division, Osmanabad in Land Acquisition

Reference No.698 of 2002, the acquiring body lodged First

Appeal No.1412 of 2018.

3.    The claimant, who is also dissatisfied with the deficit

compensation amount, has instituted the cross-objection. The

cross-objection is filed by delay of 1814 days. The reasons for

delay are mentioned at paragraph Nos.2 to 4 of the

application. Considering that the main controversy is about

just and appropriate compensation to the land losers, and as

the controversy is already before this Court vide the first

appeal, I deem it appropriate to allow this application to

decide the just and appropriate compensation. It also needs to

be noted that right for enhancement is a statutory right of the

claimants and on technicalities, they must not be deprived of

such right. It is also brought to my notice that in the

connected matters arising out the same land acquisition

proceedings,   this   Court   has   fixed   the   rate   of   land

corresponding to its quality for the purpose of granting

enhancement.
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                                                9 FA 1412 OF 2018

4.    Mr. Prashant Shinde, learned Advocate for the acquiring

body appearing through video conferencing fairly accedes to

this position.

5.    In view of this, Civil Application stands allowed. Delay

stands condoned.

FIRST APPEAL NO.1411 OF 2018 AND
CROSS OBJECTION STAMP NO.8486 OF 2023

6.    Both the learned Advocates for the respective parties

cite before me an order passed by this Court on 27.07.2026 in

a bunch of First Appeals led by First Appeal No.770 of 2013

and another order dated 07.09.2026 in First Appeal No.3783

of 2023. They submit that the present case is covered by the

said orders.

7.    It is submitted that the subject matter land in the appeal

and cross-objection is undisputedly dry land. It is further

submitted that in view of the cited orders, for dry land, the

claimant is entitled to compensation at the rate of Rs.1,500/-

per R. In view of this, since there is no further controversy on

the point of the rate of enhancement, I deem it appropriate to

partly allow the cross-objection. Hence, I pass the following

order :
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                                            9 FA 1412 OF 2018

                     ORDER

I.     The First Appeal stands dismissed.
II.    The Cross-objection is partly allowed.
III.   The Claimant – Cross objector is entitled
to compensation at the rate of Rs.1,500/- per R
for his dry land.
IV.    The Claimant shall be entitled to interest
under Sections 28 and 34 of the L.A. Act in terms
of law laid down by Full Bench of this Court in
the case of State of Maharashtra Vs. Kailash
Shiva Rangari reported in 2016 AIR (Bom.) 141.
V.     The Claimant shall not be entitled to
interest and statutory benefit for delayed period.
VI.    Save   and    except    above,    impugned
Judgment and Award passed by Reference Court
shall stand unaltered.
VII.   The Acquiring Body shall deposit the
enhanced compensation with accrued interest
and in above terms in this Court within Six (6)
Months. Upon deposit, the Claimant shall be
entitled to withdraw the same with accrued
interest, subject to payment of deficit Court fees.
VIII. Needless to mention that after calculating
the interest as per the Kailash Shiva Rangari’s
(supra) case the excess amount, if any, shall be
returned to the Acquiring Body along with
interest.
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                                              9 FA 1412 OF 2018

      IX.   The Record and Proceedings be sent back
      to Reference Court.
      X.    Award be drawn up accordingly.
      XI.   Pending Civil Applications, if any, stand
      disposed of.



                                 ( AJIT B. KADETHANKAR, J. )
PRW