MANIKA MADHAVRAO NUKULWADversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS

2026:BHC-AUG:42583
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 912 FIRST APPEAL NO. 3092 OF 2025

                                   Manika Madhavrao Nukulwad
                                             VERSUS
                 The State Of Maharashtra Through The Collector Nanded And Ors
                                                 ...
             Mr. Chincholkar Ganpat Niranjan for the Appellant.
             Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
             Mr.Mahesh C. Swami for the Respondent/Acquiring Body.
                                                 ...
                                   CORAM        : MANJUSHA DESHPANDE, J.
                                     DATE             : 10.09.2026
             PER COURT :


             1.              The present Appellant is the original claimant and owner of

             the land in Survey No.62/B/2 admeasuring 0.84R along with trees

             situated at village Marajwadi, Taluka Mukhed, District Nanded. The land

             of the Appellant has been acquired for the submergence area of lendi

             major project. The Award was passed by the Special Land Acquisition

             Officer on 25th October, 2004. The Special Land Acquisition Officer

             awarded rate of Rs.60,769/- per hector. The Appellant being aggrieved by

             the insufficient amount of compensation filed reference before the Civil

             Judge Senior Division, Mukhed, District Nanded. The L.A.R. No.405 of

             2007 filed by the Appellant has been decided vide Judgment and order

             dated 25th August, 2016. The Reference Court has granted enhancement

             of compensation to the extent of Rs.72,586/- instead of Rs.55,836/-,

             awarded by the Special Land Acquisition Officer. On this background, the

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claimant has filed the present Appeal for further enhancement of

compensation.

2.               The learned Advocate for the Appellant submits that in the

group of First Appeals filed before this Court vide Judgment dated 16 th

January, 2019 has granted enhancement of compensation granted to the

claimants as per the classification of land made by the Special Land

Acquisition Officer. It is submitted that the land of the present Appellant

is acquired for the same project and is covered by the same notification as

well as the award, therefore, the claimant needs to be granted similar

enhancement, as has been granted by this Court in First Appeal No.3133

2009 and group of Appeals.

3.               The learned Advocate appearing for the Acquiring Body as

well as the learned Addl. G.P. do not dispute about the position that the

land of the present Appellant is also covered by the same notification as

well as the same award. In view of the consensus between the parties, the

land of the Appellant is covered by the Judgment passed by this Court.

Similar relief is extended to the Appellant on the ground of parity and

accordingly, I pass the following order :

                                      ORDER

              (i)    The First Appeal is partly allowed in the following terms.

              (ii)   The market value of the land of the claimant shall be

              determined at the rate of Rs.1,25,000/- per hectare.



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              (iii)   The   Appellant   is   entitled   for   enhancement         of

              compensation as per the categorization made by the Special

              Land Acquisition Officer, as applicable to the dry land.

              (iv)    Since, considering the delay that had occurred in

              approaching this Court and an undertaking given by the

              claimant, so far as the entitlement for statutory benefit and

              interest under Sections 28 and 34 Land Acquisition Act, 1894

              are concerned, it shall be calculated as per the decision in State

              of Maharashtra V/s. Kailash Shiva Rangari [2016] AIR (Bom.)

              141].

              (v)     The award shall be modified accordingly.

              (vii) An enhanced compensation shall be deposited by the

              Acquiring Body, within a period of three months in the

              Executing Court.



                                              [ MANJUSHA DESHPANDE, J. ]




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