Bombay High Court
YOURAJ BHIMRAO MANEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeal is partly allowed and decided in accordance with the earlier judgment, fixing compensation at Rs.6,000 per R. and awarding interest under sections 28 and 34 of the Act.
Summary
The appellant's land was acquired in 2004 for the Kadamwadi Storage Tank project, and the dispute arose from a 2014 award determining compensation. The appellant argued that the present appeal is identical to a prior case (FA No. 3351/2017) decided by the same court, and the respondents agreed. The court accepted that the controversies were the same and ordered the appeal to be decided in line with the earlier judgment. Consequently, the compensation rate was set at Rs.6,000 per R. for Bagayat land (Rs.2,40,000 per acre) with interest under sections 28 and 34 of the applicable Act, and a modified award was to be drawn. The court also directed payment of any deficit court fees and disposed of pending civil applications.
Issues considered
- Whether the present appeal is identical to the earlier case FA No. 3351/2017 and should be decided accordingly
- Appropriate rate of compensation for the acquired Bagayat land
- Entitlement to interest under sections 28 and 34 of the Act
Subjects
- land acquisition
- compensation
- interest
- storage tank
- court fees
- civil applications
Judgment
2026:BHC-AUG:41157
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
41 FIRST APPEAL NO. 4047 OF 2017
YOURAJ BHIMRAO MANE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Appellant : Mr. S.N. Patne
AGP for Respondents 1 & 2 : Mr. S.N. Morampalle
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 31, 2026
PER COURT :-
1. Admit.
2. As the acquisition proceedings were initiated in the year 2004, heard
finally with the consent of the learned counsel for respective parties.
3. The present appeal arises out of the Judgment and Award dated
17.06.2014 passed by the learned Jt. Civil Judge, Senior Division,
Osmanabad in LAR No. 516/2011.
4. The learned counsel for the appellant has tendered across the Bar a
copy of the judgment and order dated 5.8.2026 passed by this Court in First
Appeal No. 3351/2017 (The Executive Engineer, Irrigation Division
Majbutikaran Division, Omerga and Ors. Vs. Shivaji Santram Dudhal and
Ors.) and connected matter. He submits that the land of the appellant was
acquired from the same village i.e. Gondhalwadi, Dist.Osmanabad, for the
same public purpose i.e. Kadamwadi Storage Tank, 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 judgment and order in FA No. 3351/2017 (supra), and consequently, the
present appeal deserves to be disposed of in terms thereof.
5. The learned A.G.P. appearing for respondent Nos.1 and 2 fairly
concedes the aforesaid position.
6. 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 FA No. 3351/2017 (supra), 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) Appeal is partly allowed.
(ii) Claimant is entitled to receive the compensation at the rate of
Rs.6000/- per R. for Bagayat land i.e. Rs.2,40,000/- per Acre.
(iii) The claimant is entitled to receive the interest under sections 28 and
34 of the Act from the date of award in view of the law laid down by the Full
Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva
Rangari (supra).
(iv) Modified award be drawn accordingly.
(v) Rest of the award remains unaltered.
(vi) Claimant to pay the deficit court fees, if any, on enhanced amount.
(vii) Pending civil applications, if any, are also disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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