FATRUSAB ISMAILSAB (DIED) THR LRS. GORIBI FATRUSAB AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, NANDED AND OTHERS

2026:BHC-AUG:40591



                                                                        FA.1586.2023.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  FIRST APPEAL NO.1586 OF 2023

            Fatrusab s/o. Ismailsab (Died),
            Through L.Rs.
            1/1 Goribi w/o. Fatrusab
            and others                                             ..Appellants

                     Vs.

            The State of Maharashtra,
            Through District Collector, Nanded
            and others                                             ..Respondents

                                               ----
            Mr.Shubham M. Kakde, Advocate for appellants
            Mr.S.P.Sonpavale, AGP for respondent nos.1 and 2
            Mr.S.B.Patiil, Advocate for respondent no.3
                                               ----

                                         CORAM :     AJIT B. KADETHANKAR, J.
                                         DATE  :     SEPTEMBER 01, 2026

            ORDER :-

                             Feeling aggrieved by the judgment and award dated

            09.04.2009 passed by learned Civil Judge, Senior Division, Kandhar,

            Dist. Nanded, in L.A.R. (New) No.32 of 2007/L.A.R. (Old) No.20/2006 the

            claimants is before this court.


            2.               At the request of Mr.Shubham Kakde, learned advocate for

            the appellants the First Appeal is taken up for final disposal at

            admission stage.         The appellants are owner of agricultural land
                                    2                         FA.1586.2023



admeasuring 1 H 34 R situated at Village Rawangaon, Tahsil Mukhed,

Dist. Nanded. The said land is acquired by respondent nos.2 and 3

for a public purpose namely Lendi Project.      It was a compulsory

acquisition for the purpose of submergence area        for said Lendi

Project. The entire procedure for land acquisition was conducted as

per the Land Acquisition Act. The compensation was awarded at the

rate of Rs.67,104 per hectare.


3.          Feeling aggrieved by the deficit compensation, the

appellants lodged Land Acquisition Reference before the reference

court.   After hearing the parties and scrutinising the evidence,

compensation was granted to the appellants enhancing rate to

Rs.82,104 per hectare. Feeling aggrieved thereby, present appeal is

filed by the claimants.


4.          The appeal is pressed for final disposal citing an order

dated 14.08.2026 passed by this court in First Appeal

No.3206 of 2009 (Anwaribegum Asifoddin Patel Vs. State of

Maharashtra and others). Mr.Kakade, learned advocate for the

appellants submits that the cited matter also arises out of the same

land acquisition proceedings which is the subject-matter of present

appeal. It is further submitted that placing reliance on earlier order

dated 18.06.2026 passed by this court in First Appeal No.3676 of
                                       3                        FA.1586.2023



2008 and connected matters, this court granted enhancement to

those appellants fixing the rate as follows:-



     Non-Irrigated Land        Irrigated Land     Semi-Irrigated Land
      Rs.2,723/- per R         Rs.5,446 Per R        Rs.4,084 per R


5.            It is further submitted that in the cited matter, for the

part of interest reliance is placed on the judgment rendered by the

full bench of this court in the case of State of Maharashtra Vs.

Kailas Shiva Rangari, 2016(4) All MR 513.


6.            Mr.Kakade, learned advocate submits that the appellants’

land is dry land and hence on the principle of parity, enhancement

may be granted at the rate of Rs.2,723 per R, as is ordered in

Anwaribegum Asifoddin Patel (supra).


7.             Mr.S.B.Patil, learned advocate for respondent no.3 fairly

agrees with the submissions made by Mr.Kakade, learned advocate

for the appellants.       He would not dispute that the subject-matter

land of the present appellants is not different from the land for which

this court had fixed rates by the cited order. As such, he submits

that the First Appeal may be disposed of in terms of the cited order.
                                     4                                FA.1586.2023



8.          In view the above, I have no hesitation to allow the

appeal partly. Hence, I pass the following order:-



                               ORDER



I.          The First Appeal is partly allowed.


II.         The judgment and award dated 09.04.2009 passed by
learned Civil Judge, Senior Division, Kandhar, Dist. Nanded, in L.A.R.
(New) No.32 of 2007/L.A.R. (Old) No.20/2006 is modified to the
following extent.


III.        The     appellants-claimants     shall        be   entitled       to
compensation at the rate of Rs.2,723/- per R for non-irrigated land
admeasuring 1 H 34 R situated at Village Rawangaon, Tahsil Mukhed,
Dist. Nanded.


IV.         The     appellants-claimants   shall     be    entitled    to     all
consequential statutory benefits on the enhanced compensation in
accordance with the provisions of the Land Acquisition Act, 1894.


V.          The appellants - claimants shall be entitled to interest
under Section 34 of the Act, strictly in accordance with the Full
Bench decision in State of Maharashtra vs. Kailas Shiva
Rangari, (supra).
                                     5                        FA.1586.2023



VI.         The appellants - claimants shall not be entitled to
statutory benefits for the period of delay, if any, condoned by this
Court.


VII.        The appellants - claimants shall deposit the deficit court
fees, if any, within a period of four weeks from today.


VIII.       The rest of the Judgment and Award passed by the
learned Reference Court stands confirmed.


IX.         The acquiring body shall deposit the amount of enhanced
compensation in this court within a period of six months from today.
Upon such deposit, the appellants are permitted to withdraw such
amount without making any separate Civil Application.


X           The modified Award be drawn accordingly.




                                  [AJIT B. KADETHANKAR, J.]
                                ………..


KBP