BHAUSAHEB CHUDAMAN PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA THR. THE COLLECTOR DHULE AND OTHERS

2026:BHC-AUG:39527
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            910 FIRST APPEAL NO. 2271 OF 2016

                            Bhausaheb Chudaman Patil And Another
                                           VERSUS
               The State Of Maharashtra Through The Collector Dhule And Others

                                               ……
          Mr. V.B. Patil, Advocate for the Appellants
          Mr. S.N. Morampalle, AGP for Respondents Nos.1 and 2
          Mr. S.S. Chillarge, Advocate for the Respondent No.3-Acquiring body
                                               ……

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 29 AUGUST, 2026
          PER COURT :

          1.     Heard the learned counsel for the respective parties.


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

          24.12.2010 passed by the learned Civil Judge, Senior Division, Nandurbar in

          Land Acquisition Reference No.489 of 2005.


          3.     Learned counsel Mr. V.B. Patil for the appellants has tendered across

          the Bar a copy of the order dated 05.08.2026 passed by this Court in First

          Appeal No.3074 of 2013 and connected matters, wherein this Court, while

          determining the market value, has relied upon the order dated 08.01.2026

          passed by the Coordinate Bench of this Court in First Appeal No.1675 of

          2015 and connected matters. He submits that the land of the appellants was

          acquired from village Karli, Taluka and District Nandurbar, for the same

          public purpose, i.e. Minor Irrigation Works for Amravati Nala, under the
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same notification as involved in the said appeals. It is, therefore, submitted

that the controversy involved in the present appeal is squarely covered by

the order dated 05.08.2026 passed in First Appeal No.3074 of 2013 and

connected matters and, consequently, the present appeal deserves to be

disposed of in terms thereof. The learned AGP appearing for the State as

well as the learned counsel for the Acquiring Body fairly concede the

aforesaid position.


4.     Having considered the submissions advanced by the learned counsel

for the respective parties and since the controversy involved in the present

appeal is admittedly covered by the aforesaid order of this Court, I see no

reason to take a different view. The present appeal, therefore, deserves to be

disposed of in terms of the order dated 05.08.2026 passed in First Appeal

No.3074 of 2013 and connected matters. Hence, the following order:


                                 ORDER


(i)    The present appeal is partly allowed.


(ii)   The Judgment and Award dated 24.12.2010 passed by the learned

Civil Judge, Senior Division, Nandurbar in Land Acquisition Reference

No.489 of 2005 is modified to the extent that the claimants shall be entitled

to receive compensation at the rate of Rs.3,00,000/- per Hectare for semi-

irrigated land.
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(iii)      The claimants shall be entitled to interest under Sections 28 and 34

of the Act, strictly in accordance with the Full Bench decision of this Court

in State of Maharashtra Vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457.


(iv) It is clarified that the claimants shall not be entitled to enhanced

compensation for the delayed period.


(v) The claimants shall pay deficit Court fees, if any, on the enhanced

compensation.


(vi) The modified award be drawn accordingly.


(vii)      Rest of the Judgment and Award passed by the learned Reference

Court shall remain unaltered.


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




                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane