[Cites 1, Cited by 0]
Bombay High Court
Vimalbai Bhagwanrao Borade Thr Power Of ... vs The State Of Maharashtra Thr Collector, ... on 7 January, 2026
2026:BHC-AUG:694
909 9011 912 918 FA 2496
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2496 OF 2022
ANKUSH HARIBHAU BORADE
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR JALNA AND OTHERS
...
Advocate for Appellant : Mr. Koralkar Arun H.
A.G.P. for Respondents/State : Mr. S.N. Morampalle
Advocate for Respondent No. 3 : Mr. Shamsundar B. Patil
...
WITH
FIRST APPEAL NO. 3690 OF 2022
INDARRAO GANGADHAR BORADE
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS
...
Advocate for Appellant : Mr. Koralkar Arun H.
A.G.P. for Respondents/State : Mr.S.N. Morampalle
Advocate for Respondent No.3 : Mr. S.G.Bhalerao
...
WITH
FIRST APPEAL NO. 4155 OF 2022
VIMALBAI BHAGWANRAO BORADE THR. POWER OF ATTORNEY
RAJENDRA BHAGWANRAO BORADE
VERSUS
THE STATE OF MAHARASHTRA THR. COLLECTOR, JALNA AND ORS.
...
Advocate for Appellant : Mr. Koralkar Arun H.
A.G.P. for Respondents/State : Mr.S.N. Morampalle
Advocate for Respondent No. 3 : Mr. Shamsundar B. Patil
...
WITH
FIRST APPEAL (STAMP) NO. 4886 OF 2022
MAHADEO S/O ABASAHEB BORADE AND ANR
VERSUS
THE STATE OF MAHARASHTRA THR. COLLECTOR, JALNA AND OTHERS.
...
Advocate for Appellants : Mr. Koralkar Arun H.
A.G.P. for Respondents/State : Mr. S.N. Morampalle
Advocate for Respondent No. 3 : Mr. S.G. Bhalerao
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CORAM : SHAILESH P. BRAHME, J.
DATE : 07.01.2026
PER COURT :
Heard both sides finally.
2. The appellants are aggrieved by the judgment and award passed by
the Reference Court and especially denying the benefit of escalation by
cumulative effect. On the ground of parity, the applicants are claiming
escalation by cumulative effect. They are claiming enhancement of rate to
the tune of Rs. 4080/- per Are, as all the lands under acquisition are dry
lands.
3. The counsels for the respondents have opposed the submissions. It is
submitted that no case is made out for enhancement of compensation.
There is no similarity in the lands.
4. The lands under acquisition have been acquired for Nimna Dudhna
Project. Those are from village Patoda, Tq. Mantha, Dist. Jalna. They are
dry lands. Following are the material particulars:
Sr. First L.A.R. No. Gat Total U/sec.4 U/sec.11 SLAO rate Referenc Type of
No. Appeal No. No. acqu notification Award date as per e Court land
ired date Award enhance referenc
land d rate e court
per Are awarded
..
Jirayat
1) 2496/2022 1123/2010 175 03-H 24.05.2001 23.05.2004 Rs.779/- Rs.2500/
68 R per R Dry - per R 03H 68-
land Dry land R
2) 3690/2022 891/2010 32 02H 24.05.2001 23.05.2004 Rs.812/- Rs.2500/ 02H
40R per R Dry - per R 40R
land Dry land
3) 4155/2022 961/2010 29 0H 24.05.2001 23.05.2004 Rs.840/- Rs.2500/ 0H 70R
70R per R Dry - per R
land Dry land
4) 4886/2022 814/2010 154 01H 24.05.2001 23.05.2004 Rs.849/- Rs.2500/ 1 H 66
Stamp No. 66R per R Dry - per R R
land Dry land
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5. This Court has taken consistent view in awarding rate of Rs. 2,500/-
per R for dry land. The acquired lands are from various villages in the
vicinity of village Satona. Villages from Koregoan, Chincholi, Mapegaon and
Patoda form cluster. The lands acquired for self same project. Appellants are
squarely covered by following decisions:
(i) Ali Mohammad Beig and others Vs. State of J. & K.
reported in 2017 (5) Mh.L.J. 545.
(ii) Huchanagouda Vs. The Assistant Commissioner and
Land Acquisition Officer and others reported in (2020) 19
SCC 236.
(iii) Order dated 14.07.2022 passed in First Appeal No.
2939 of 2021 in the matter of Antikabai Damodhar Honde
(Died) through L.Rs. Damodhar Dattu Honde and another
Vs. The State of Maharashtra and others.
(iv) Order dated 19.08.2022 passed in First Appeal No.
1958 of 2018 in the matter of Shashikala Bapurao
Manwatkar Vs. The State of Maharashtra and others.
(v) Order dated 12.08.2025 in the matter of Datta
Eknath Manwatkar Vs. The Special Land Acquisition Officer,
M.I.W. Jalna and others in First Appeal No. 4285 of 2022.
(vi) Judgment dated 14.11.2025 in the matter of Uttam
Bapurao Sakalkar (died) through L.R's Sarubai Uttamrao
Sakalkar and others Vs. The State of Maharashtra and
others in First Appeal No. 2259 of 2021.
7. The appellants are entitled to have escalation at rate of 10% per
annum by cumulative effect. Appellants are entitled to escalation for four
years and 11 months. They are justified in claiming rate of Rs. 4,080/- per
Are for dry land. It is desirable to grant them enhancement by passing
following order.
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ORDER
(A) The first appeals are allowed partly.
(B) The appellants are entitled to receive rate of Rs.
4,080/- per Are for dry lands.
(C) The appellants shall be entitled to interest U/Sec. 28
and 34 of the L. A. Act is payable from the date of final
award as per the judgment in the matter of State of
Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4)
All MR 513.
(D) Save and except above modification, impugned
judgment and award shall stand unaltered.
(E) The appellants shall not be entitled to receive
interest and statutory benefits for the delayed period.
(F) The appellants shall pay the deficit court fees.
(G) Award be drawn up accordingly.
(I) Record and proceeding shall be sent back.
( SHAILESH P. BRAHME, J.)
mkd/-
