Bombay High Court
Namdev Uttam Naikwad And Others vs The State Of Maha., Irrigation ... on 7 August, 2025
Author: M.S. Jawalkar
Bench: M.S. Jawalkar
2025:BHC-NAG:7793-DB
Judgment 1 6wp4100.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4100/2024
(1) Namdev Uttam Naikwad,
Aged about 62 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(2) Maroti Raghoji Devhare,
Aged about 75 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(3) Mangal Laxman Kamthe (Bhoi),
Aged about 78 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(4) Haribhau Narayan Bhedare,
Aged about 65 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
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Judgment 2 6wp4100.24.odt
(5) Dilip Namdevrao Paradhi,
Aged about 40 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(6) Vasudev Shravan Raut,
Aged about 68 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(7) Vinod Pundalikrao Bawankar,
Aged about 45 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(8) Shantabai Bhaurao Wadhave,
Aged about 75 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(9) Shamrao Eknath Dumre,
Aged about 65 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
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Judgment 3 6wp4100.24.odt
(10) Sarad Ramrao Vedukar,
Aged about 40 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(11) Vilas Khushalrao Kekade,
Aged about 50 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(12) Maroti Mahadev Mungbhate,
Aged about 75 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(13) Narayan Laxman Kaner,
Aged about 48 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(14) Narayan Laxman Kaner,
Aged about 48 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(15) Dnyaneshwar Ganpat Bawankar,
Aged about 68 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
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Judgment 4 6wp4100.24.odt
(16) Dnyaneshwar Dnyanoba Chahakar,
(Dead) Through its Legal Heir
Chandrakala Dnyaneshwar
Chahakar, Aged about 75 years, Occ.
Agriculturist, R/o. Falegaon, Tal.
Babulgaon, District Yavatmal
(17) Bhagirathi Kashinath Shilar (Dead)
Through its Legal Heir Durgabai
Sadashiv Dhonge (Daughter), Aged
about 70 years, Occ. Agriculturist,
R/o. Falegaon, Tal. Babulgaon,
District Yavatmal
(18) Rama Natthuji Dhonge
(Dead) Through its Legal Heir
Bhagwan Rama Dhonge, Aged about
55 years, Occ. Agriculturist, R/o.
Falegaon, Tal. Babulgaon, District
Yavatmal
(19) Ambadas Antram Thakur (Dead)
Through its Legal Heir Narayan
Ambadas Thakur, Aged about 50
years, Occ. Agriculturist, R/o.
Falegaon, Tal. Babulgaon, District
Yavatmal
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Judgment 5 6wp4100.24.odt
(20) Shankar Shripad Khadse
(Dead) Through its Legal Heir
Radhabai Shankar Khadse (Dead)
Bhagwan Shankar Khadse, Aged
about 50 years, Occ. Agriculturist,
R/o. Falegaon, Tal. Babulgaon,
District Yavatmal
(21) Ganpat Mahadev Bawankar (Dead)
through its Legal Heir Sita Ganpat
Bawankar (Dead) Dnyaneshwar
Ganpat Bawankar, Aged about 65
years, Occ. Agriculturist, R/o.
Falegaon, Tal. Babulgaon, District
Yavatmal
PETITIONER(S)
// VERSUS //
(1) The State of Maharashtra,
Irrigation Department, Through its
Secretary, Mantralaya, Mumbai
(2) The Collector,
Yavatmal
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Judgment 6 6wp4100.24.odt
(3) The Special Land Acquisition
Officer and Deputy Collector,
Bembla Project, Yavatmal
(4) The Executive Engineer, Bembla
Project Department, Yavatmal,
Tal. & District Yavatmal
RESPONDENT(S)
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Shri P.S. Kshirsagar, Advocate for the Petitioner(s)
Shri A.S. Fulzele, Addl. GP for the Respondent/State
Ms. M.V. Babhulkar, Advocate for the Respondent No. 4
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CORAM : M.S. JAWALKAR & PRAVIN S. PATIL, JJ.
AUGUST 07, 2025
ORAL JUDGMENT :- (PER:- M.S. JAWALKAR, J.)
. RULE. Rule made returnable forthwith. Heard finally
by consent of learned Counsel for the respective parties.
(2) By this Writ Petition, the Petitioners are praying for
quashing and setting aside the order dated 15/02/2023 passed by
the Respondent No. 3 - Deputy Collector, (Land Acquisition),
Bembla Project, Yavatmal thereby rejecting the Application filed
by the Petitioners - land owners under Section 28A of the Land
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Judgment 7 6wp4100.24.odt
Acquisition Act, 1894 (hereinafter referred to as "the said Act")
on the basis of the judgment dated 23/09/2015 passed in LAC
No. 824/2006 by the learned Civil Judge Senior Division,
Yavatmal under Section 18 of the said Act.
(3) On perusal of the order dated 15/02/2023, it appears
that the claim of the Petitioners came to be rejected only on the
ground that the Petitioners have already received an amount of
Rs. 78,679/- as a rehabilitation compensation.
(4) Learned Counsel for the Petitioners relied on the
judgment passed by this Court in Writ Petition No. 2495/2023
(Gunvanta Maroti Mohod & others vs. State of Maharashtra &
others) wherein this Court held that rejection of Application
under Section 28A of the said Act is incorrect, as the provisions
of Section 28A of the said Act seek to bring about a parity in the
matter of grant of compensation, so as to do away with any claim
of discrimination on that ground. Relying on the judgment
passed by this Court in the case of Motiram Zingar Wawre vs.
State of Maharashtra & others, 2017 (4) Mh.L.J. 627, this Court
allowed the said Writ Petition and directed the Special Land
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Judgment 8 6wp4100.24.odt
Acquisition Officer to decide the entitlement of the Petitioners
afresh under Section 28A of the said Act.
(5) Learned Counsel for the Respondent No. 4 -
Acquiring Body placed reliance on the judgment passed by this
Court in Writ Petition No. 4199/2024 (Dilip Sheshrao Nagpure
& others vs. State of Maharashtra & others) wherein the
judgment in Writ Petition No. 2495/2023 has also been
considered. In the said matter, it is held that the amount of
rehabilitation compensation awarded earlier should be
considered while awarding the compensation under Section 28A
of the said Act, provided that the compensation received under
the rehabilitation has to be adjusted with the compensation
under Section 28A of the said Act, if granted earlier.
(6) The Petitioner has no objection to dispose of the
present Writ Petition in view of the proposition laid down in
the judgment passed by this Court in Writ Petition
No. 4199/2024.
(7) Hence, we proceed to pass the following order:-
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Judgment 9 6wp4100.24.odt
ORDER
(a) The Writ Petition is allowed.
(b) The impugned order dated 15/02/2023 passed by the
Respondent No. 3 - Deputy Collector, (Land
Acquisition), Bembla Project, Yavatmal is hereby
quashed and set aside.
(c) The Respondent No. 3 - Land Acquisition
Officer/Deputy Collector, Yavatmal is directed to
decide the claim of the Petitioners within a period of
two months.
(d) The Respondent No. 4 - Acquiring Body shall adjust
the amount awarded towards rehabilitation while
granting compensation under Section 28A of the Land
Acquisition Act, 1894.
Rule is made absolute in the above terms. Pending
Application(s), if any, stand(s) disposed of.
(PRAVIN S. PATIL, J.) (M.S. JAWALKAR, J.)
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