ABDUL SATTAR ABDUL WAHAB AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

2026:BHC-AUG:43016
                                                                           32-FA-640-2010.odt
                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                                32 FIRST APPEAL NO. 640 OF 2010
                            Abdul Sattar Abdul Wahab And Another
                                           VERSUS
                             The State Of Maharashtra And Others

                                            ……
          Mr. R.M. Bhagwat, Advocate h/f Mr. G.P. Shinde, Advocate for Appellant
          Mr. B.A. Shinde, AGP for Respondents No.1 and 2
                                            ……

                                         CORAM      : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 16 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for the respective parties.


          2.     This appeal arises out of the Judgment and Award dated 16.11.2009

          passed by the learned Joint Civil Judge, Senior Division, Nanded in Land

          Acquisition Reference No.5 of 2007.


          3.     The learned AGP Mr. B.A. Shinde, appearing for the Respondent-

          State, as well as the learned counsel appearing for the appellants submit

          that the issue involved in the present appeal is squarely covered by the order

          dated 01.09.2026 passed by this Court in First Appeal No.632 of 2010. The

          learned AGP submits that the land of the appellants was acquired from the

          same village, i.e. Bhokar, for the same public purpose, namely, Bhokar Turn-

          Road Main State Highway No.2 from Bhokar, and under the very same

          notification as was involved in the said appeal. It is, therefore, contended

          that the present appeal may also be disposed of in terms of the said order.
                                                                    32-FA-640-2010.odt
                                             2

4.         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.632 of 2010 by the order dated 01.09.2026, 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)        First Appeal is allowed partly.

(ii)       The appellants/claimants are entitled to compensation @ Rs.
2,60,000/- per Hectare for their acquired land, and to that extent impugned
award stands modified.

(iii)      The appellants/claimants shall be entitled to interest under Sections
28 and 34 of the Act, strictly in accordance with the Full Bench decision in
State of Maharashtra vs. Kailas Shiva Rangari, 2016 (3) Mh.L.J. 457.

(iv)       Rest of award passed by the learned Reference Court stands
confirmed

(v)        Modified Award be drawn accordingly.

(vi)       The appellants/claimants shall pay deficit court fees.

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



                                                 [ SIDDHESHWAR S. THOMBRE ]
                                                           JUDGE
S P Rane