RESHMABAI GULABSING GIRASEversusTHE COLLECTOR, DHULE AND ORS

2026:BHC-AUG:38648


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                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD


                            905 FIRST APPEAL NO. 2708 OF 2025
                              NANABHAU THANSING GIRASE
                                         VERSUS
                           THE COLLECTOR, DHULE AND OTHERS
                                           ...
                                          AND
                            912 FIRST APPEAL NO. 1697 OF 2025
                             RESHMABAI GULABSING GIRASE
                                         VERSUS
                           THE COLLECTOR, DHULE AND OTHERS
                                           …
                            913 FIRST APPEAL NO. 2709 OF 2025
                     JAYSING THANSING GIRASE (DIED) THR. LRS KAVITA
                              HARSING GIRASE AND OTHERS
                                        VERSUS
                           THE COLLECTOR, DHULE AND OTHERS
                                          ...

                             914 FIRST APPEAL NO. 25 OF 2026
                                   REKHA SUBHASH WANI
                                              VERSUS
              THE DEPUTY COLLECTOR OFFICE, (LAND ACQUISITION) NO. 1,
                     MEDIUM IRRIGATION PROJECT, DHULE AND ORS
                                                 …
              Advocate for Appellants : Ms. M.S.Andhare
                                       h/f. Mr. Kale Ajeet B.
              AGP for Respondents/State : Ms. Kalpalata Patil Bharaswadkar /SNM
              Advocate for Respondent/Acquiring body : Mr.Ajay D. Pawar

                                                 ...

                                     CORAM : MANJUSHA DESHPANDE, J.
                                        Dated : August 20, 2026
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PER COURT :-

1.    The appellants have filed the respective land acquisition

references, thereby challenging the market value of their acquired house,

which has been refused under the award dated. 26.12.2012, passed by the

SLAOs which has been confirmed by the Reference Court vide judgment

and award dated 21.11.2019.         Being aggrieved by the refusal of

compensation of the house property which was acquired by the acquiring

body, the appellants have filed the respective appeals.

2.      The award was passed by the Land Acquisition Officer on

26.12.2012.    After accepting the amount under the award dated

07.08.2013 under protest, they have filed the References against the

award which was decided on 21.11.2019 in LAR Nos.121/2014,

118/2014, 126 of 2014, 260 of 2008. According to the learned Advocate

for the appellants, the Reference Court has also refused to grant any

compensation towards the house property. It is submitted that the

connecting matters arising out of the same acquisition proceedings were

settled before the Lok Adalat on 08.02.2020 by way of compromise

between the Acquiring body and the claimants. The Acquiring body

agreed that the claimants shall be entitled to compensation at the rate of

85% of the valuation report submitted by the claimants before the

reference Court.     The acquiring body was agreeable to the said
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proposition and has stated that, the aforesaid compensation in respect of

the house property shall be paid within one year from the date of

compromise. Reliance is placed on the order passed by this Court in the

group of first appeals decided vide order dated 27.04.2023. The

compromise before the Lok Adalat is accepted by the Advocate for

acquiring body, he accepts that such compromise has taken place and

order has been passed by this Court in the First Appeals relying on the

statement of Acquiring body, hence the same relief was granted to the

claimants on the statement made by the learned Advocate for the

acquiring body, by allowing the appeal partly and it was held that the

claimants shall be entitled for the compensation at the rate of 85% of the

valuation report submitted by the appellant claimants before the reference

Court.

3.       The learned Advocate appearing for respondent No. 3 acquiring

body concedes to the said position and submits that the present appellant

claimants are also similarly situated therefore he has instructions to state

that same relief can be granted to the Appellants.         In view of the

aforementioned facts and circumstances, in my view it would be just and

proper on the ground of parity, to extend the same benefit to the

claimants appellants whose house property have been acquired for the

same project.
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4.     However, it is made clear that considering that there was a delay in

filing the appeals by the claimants, the claimants shall not be entitled for

any interest as well as statutory benefit for the delayed period while

computing the amount of their entitlement. Hence the following order :

(i)    All these appeals are partly allowed.

(ii)   Acquiring body is directed to pay all the applicant/claimants

compensation at the rate of 85% of the valuation report submitted by the

appellant claimants before the reference Court.

(iii) The acquiring body shall deposit the amount of enhanced

compensation as aforestated within a period of one year from the date of

this order to reference Court and on such deposit, all these appellants –

claimants are permitted to withdraw their respective amounts of

compensation.

(iv)   In case, the payment is not made by the acquiring body within a

period of one year, then it shall carry statutory interest till its realization.

(v)    The award be accordingly modified.

(vi)   In view of the above, all the appeals stand disposed off.

(vii) Pending civil application/s if any, also stands disposed off.




                                           ( MANJUSHA DESHPANDE, J. )
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