VYANKATRAO MANIKRAO SHINDE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

2026:BHC-AUG:44548
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             55 FIRST APPEAL NO. 1888 OF 2013

                           Vyankatrao Manikrao Shinde And Another
                                           VERSUS
                             The State Of Maharashtra And Others

                                            ……
          Mr. R.P. Bhumkar, Advocate for Appellant
          Mr. S.N. Morampalle, AGP for Respondents No.1 and 2
          Mr. Anand Chaware, Advocate for Respondent No.3
                                             …...

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for the respective parties.


          2.     The present appeal arises out of the Judgment and Award dated

          12.12.2006 passed by the learned Civil Judge, Senior Division, Kandhar, in

          Land Acquisition Reference No. 313 of 2003.


          3.     The learned counsel for the appellant has tendered across the Bar a

          copy of order dated 13.08.2026 passed by this Court in First Appeal No.276

          of 2013. He submits that the land of the appellant was acquired from the

          same village Gaundgaon, for the same public purpose i.e.Uppar Manar

          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 said order and, consequently, the present

          appeal deserves to be disposed of in terms thereof.
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4.       The learned A.G.P. appearing for respondent Nos.1 and 2 as well as

learned counsel for appearing for respondent No.3-acquiring body fairly

concede the aforesaid position.


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

this Court in First Appeal No.276 of 2013 by order dated 13.08.2026, 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)      The Appeal is partly allowed.


(ii)     The claimants are entitled to receive compensation @Rs. 60,000/-

per acre for their acquired land and to that extent clause 2 of the operative

part of the impugned awards stand modified.


(iii)    The claimants are entitled to receive all statutory benefits as per the

land Acquisition Act, 1894.


(iv)     The claimants are entitled receive interest under Section 28 and 34

as per the law laid down by Full Bench of this Court in State of Maharashtra

Vs. Kailash Shiva Rangari (2016(3) Mh.L.J. 457 , from the date of award and
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to that extent clauses 4 and 5 of the operative part of the impugned award

stands modified.


(v)        Rest of the impugned award stands unaltered.



(vi)       Modified award be drawn accordingly.


(vii)      Deficit Court fee be paid.


(viii)     Pending Civil Applications, if any, stand disposed of




                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE




S P Rane