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Bombay High Court
Devrao Yogaji Bagal (Died) Tanaji D. … vs The State Of Maharashtra And Ors on 24 July, 2025
2025:BHC-AUG:19248
FA-2061-2021+
-1-
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2061 OF 2021
1. Waman s/o Bhujaji Devde
(Died) Through Lrs
1/1. Eknath s/o Wamanrao Devde
Age 55 years, Occupation Agriculture,
1/2. Bhagwan s/o Wamanrao Devde
Age 45 years, Occupation Agriculture,
2. Dnyanoba s/o Jijabhau Devde,
Age 50 years, Occupation Agriculture,
3. Sopan s/o Jijabhau Devde,
Age 48 years, Occupation Agriculture,
4. Subhash s/o Jijabhau Devde,
Age 40 years, Occupation Agriculture,
All R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
FA-2061-2021+
-2-
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2047 OF 2021
1. Sitaram s/o Jaiku Nirwal
Age 60 years, Occupation Agriculture,
2. Madan s/o Jaiku Nirwal
Age 56 years, Occupation Agriculture,
3. Tukaram s/o Jaiku Nirwal
Age 58 years, Occupation Agriculture,
All R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
FA-2061-2021+
-3-
WITH
FIRST APPEAL NO. 2071 OF 2021
1. Vijaykumar s/o Babasaheb Bagal
Age 35 years, Occupation Agriculture,
2. Ramnath s/o Babasaheb Bagal
Age 30 years, Occupation Agriculture,
Both R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2064 OF 2021
1. Prabhawatibai @ Parwati w/o Narayan Phatake
Age 65 years, Occupation Agriculture,
2. Digambar s/o Dattatray Phatake
Age 60 years, Occupation Agriculture,
FA-2061-2021+
-4-
Both R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2062 OF 2021
1. Sitaram s/o Jaiku Nirwal
Age 60 years, Occupation Agriculture,
2. Madan s/o Jaiku Nirwal
Age 56 years, Occupation Agriculture,
3. Tukaram s/o Jaiku Nirwal
Age 58 years, Occupation Agriculture,
All R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
FA-2061-2021+
-5-
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2067 OF 2021
1. Devrao s/o Yogaji Bagal (died)
2. Tanabai w/o Devrao Bagal (died)
through their LRs.
2A. Sopan s/o Devrao Bagal
Died Through LRs
2A-1. Balasaheb s/o Sopanrao Bagal
Age 47 years, Occupation Agriculture,
2A-2. Mahadev s/o Sopanrao Bagal
Age 35 years, Occupation Agriculture,
Both R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
FA-2061-2021+
-6-
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2066 OF 2021
1. Suresh s/o Pandharinath Bagal
Age 48 years, Occupation Agriculture,
2. Trimbak s/o Pandharinath Bagal
Age 35 years, Occupation Agriculture,
Both R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
FA-2061-2021+
-7-
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2069 OF 2021
1. Dnyanoba s/o Parbata Ghuge
Age 60 years, Occupation Agriculture,
R/o. Village Mangrul,
Taluka Mantha, District Jalna.
2. Udhavrao s/o Vankatrao Borade
Died his LRs
2.1 Dnyanoba s/o Udhavrao Borade
Age 45 years, Occupation Agriculture,
2.2 Tukaram s/o Udhavrao Borade
Age 40 years, Occupation Agriculture,
Both R/o. Village Patoda,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
FA-2061-2021+
-8-
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2065 OF 2021
1. Dnyanoba @ Dnyandev s/o Abarao Bagal
Age 35 years, Occupation Agriculture,
2. Dhondiba @ Dhondiram s/o Abarao Bagal
Age 44 years, Occupation Agriculture,
Both R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
FA-2061-2021+
-9-
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2308 OF 2021
1. Santosh s/o Vishnu Awachar
Died through LRs
1/1. Shilpa w/o Santosh Awachar
Age 38 years, Occupation Agriculture,
1/2. Abhishek s/o Santosh Awachar
Age 19 years, Occupation Student,
1/3. Narayan S/o Santosh Awachar
Age 18 years, Occupation Student,
All R/o. Village Mangrul,
Taluka Mantha, District Jalna. ... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
FA-2061-2021+
-10-
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2063 OF 2021
Sampatrao s/o Niwrati Bagal (died)
1. Satyabhamabai w/o Sampatrao Bagal,
Age 75 years, Occupation Agriculture,
2. Ganesh s/o Sampatrao Bagal,
Age 55 years, Occupation Agriculture,
3. Munjaji Sampatrao Bagal (died)
Through his Legal Heir's
3.1 Sushila w/o Munjaji Bagal
Age 58 years, Occupation Household,
R/o. Village Mangrul, Taluka Mantha,
District Jalna.
3.2 Krishna s/o Munjaji Bagal
Age 29 years, Occupation Agriculture,
R/o. Village Mangrul, Taluka Mantha,
District Jalna.
3.3 Rameshwar s/o Munjaji Bagal
Age 24 years, Occupation Agriculture,
R/o. Village Mangrul, Taluka Mantha,
District Jalna.
4. Parmeshwar s/o Sampatrao Bagal,
Age 50 years, Occupation Agriculture,
R/o. Village Mangrul, Taluka Mantha,
District Jalna.
... Appellants
[Orig. Claimants]
FA-2061-2021+
-11-
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2070 OF 2021
Kisan s/o Bapurao Lahane
Died Through LRs
1. Chandrakala w/o Kisan Lahane
Age 55 years, Occupation Agriculture,
2. Amol s/o Kisan Lahane
Age 24 years, Occupation Agriculture,
3. Deepak s/o Kisan Lahane
Age 21 years, Occupation Agriculture,
Both R/o. Village Mangrul, Taluka Mantha,
District Jalna.
... Appellants
[Orig. Claimants]
Versus
FA-2061-2021+
-12-
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
WITH
FIRST APPEAL NO. 2068 OF 2021
1. Uttam s/o Pratap Jadhav
Age- years, Occupation Agriculture,
2. Bansi s/o Pratap Jadhav
Age- years, Occupation Agriculture,
Both R/o. Village Mangrul, Taluka Mantha,
District Jalna.
... Appellants
[Orig. Claimants]
Versus
1. The State of Maharashtra
Through the Collector, Jalna.
2. The Special Land Acquisition Officer,
Krishna Khore, District Jalna
Since this department is abolished -
at present
FA-2061-2021+
-13-
The Sub Divisional Officer at Partur,
Taluka Partur, District Jalna.
3. The Executive Engineer
Lower Dudhana Project Division, Selu,
Taluka Sailu, District Parbhani.
at present
The Executive Engineer,
Jalna Irrigation Department,
Near Motibagh, Jalna,
Taluka and District Jalna. ... Respondents
...
Mr. V. D. Bhise, Advocate for the Appellants.
Mr. N. D. Batule, AGP for Respondent Nos. 1 and 2.
Mr. N. U. Yadav, Advocate for Respondent No.3.
...
CORAM : ABHAY S. WAGHWASE, J.
Reserved on : 15.07.2025
Pronounced on : 24.07.2025
JUDGMENT :
1. All these appeals are preferred by the respective appellants,
who are the original claimants, for seeking enhancement of
compensation amounts awarded by the learned District Judge – 2,
Jalna (hereinafter referred to as “the learned Reference Court”) under
the respective judgments.
2. The subject lands in all these appeals, which are situated at
village Mangrul, are acquired by the Government for Nimna Dudhana
Project vide Notification dated 19.06.1997 issued under Section 4 of
the Land Acquisition Act.
FA-2061-2021+
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3. Learned counsel for the appellants as well as learned counsel
for the acquiring body, in all these appeals, made a joint submission
before this Court that all these appeals can be disposed off in view of
the order dated 19.08.2022 passed by this Court in First Appeal No.
1958 of 2018 with First Appeal No. 2485 of 2016.
4. On perusal of the aforesaid order, it appears that this Court has
relied upon certain earlier orders in the appeals arising out of the
same acquisition, which were settled before the Lok Adalat with an
agreement between the rival parties on the rate of Rs.2400/- per Are
in respect of dry lands.
5. Learned counsel for the appellants as well as learned counsel
for the acquiring body, in all these appeals, also made a joint
submission that some of the other connected matters arising out of
the same acquisition, were settled before the Lok Adalat and the rate
of Rs.3600/- per Are was granted for semi-irrigated lands and
Rs.4800/- was granted for fully irrigated lands. Thus, it appears that,
learned counsel for respective appellants as well as learned counsel
for the acquiring body, in all these appeals, are in agreement for
following rates as per the specification of the lands :
FA-2061-2021+
-15-Classification Rate
Dry Lands Rs.2400/- per Are
Semi-irrigated Lands Rs.3600/- per Are
Fully-irrigated Lands Rs.4800/- per Are
Potkharab lands Rs.1200/- per Are
6. Learned counsel for the respective parties in all these appeals
submit that, they completely agree with the observations of the
learned Reference Court in respect of classification/categorization of
the lands in the impugned judgments.
7. In view of the above, following order is passed :
ORDER
I. In all these appeals, respective appellants-claimants shall be
entitled for the rate of compensation as agreed between
themselves and the acquiring body, which is as follows :
Classification Rate
Dry Lands Rs.2400/- per Are
Semi-irrigated Lands Rs.3600/- per Are
Fully-irrigated Lands Rs.4800/- per Are
Potkharab lands Rs.1200/- per Are
II. The appellants-claimants shall also be entitled to get interest
under Section 28 and 34 of the Land Acquisition Act, 1894,
from the respective dates of awards passed by the Special Land
Acquisition Officer.
FA-2061-2021+
-16-III. The appellants-claimants shall be entitled to get interest @ 12%
per annum as a special component from the date of Notification
under Section 4(1) of the Land Acquisition Act, 1894, till the
date of passing respective awards by the Special Land
Acquisition Officer, as per Section 23(1A) of the Act.
IV. The appellants-claimants shall also be entitled to get 30%
solatium on the difference of market value under Section 23(2)
of the Land Acquisition Act, 1894.
V. However, the appellants-claimants shall not be entitled for
interest or any other monetary benefits for the period of delay,
if any, caused in filing appeals.
VI. The awards be modified accordingly.
VII. The appeals are accordingly disposed of. No order as to costs.
VIII. Pending Civil Applications, if any, stand disposed off.
IX. Liberty to pay deficit court fee, if any, within two weeks after it
is computed by the office.
X. Record and Proceedings be sent back to the Reference Court.
[ABHAY S. WAGHWASE, J.]
vre
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