Citation : 2026 Latest Caselaw 577 Bom
Judgement Date : 19 January, 2026
2026:BHC-NAG:806
15.fa.121.15-J.doc 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.121 OF 2015
Jangluji Wanjari,
Since deceased through the
Legal Representatives.-
1. Sau. Chaya Wamanrao Bawankar,
Aged about 37 years,
R/o. Santoshi Nagar, Pandhurna,
Tah. Saunsar, District : Chindwara,
Madhya Pradesh.
Since deceased through Legal
Representatives. -
1(A). Wamanrao s/o. Dayaram Bawankar,
Aged-67 yrs., Occ. - Labour,
1(B). Narendra S/o. Wamanrao Bawankar,
Aged - 35 yrs. Occ. - Private.
1(C). Kisna s/o. Wamanrao Bawankar,
Aged - 31 yrs., Occ. - Labour,
Applicant Nos. 1(A) to 1(C) are
Residents of Near Santoshi Mata Ward,
Behind Forest Office, Pandhurna,
District - Chhindwara, Madhya Pradesh.
1(D). Leela w/o. Radheshayam Bhange,
Aged - 36 yrs., Occ.- Nil,
R/o. C/o. Pushpa Purushottam Vaidya,
Plot No.675, Nr. Shitla Mata Mandir,
Binaki Mangalwari, VTC Dr. Ambedkar,
Nagpur.
1(E). Dipali w/o. Nitin Gabhane,
Aged - 33 yrs., Occ. - Household,
R/o. Plot No.108, Trust Lay Out,
Ambazari Garden Road, Pandhrabodi,
VTC - University Campus,
District - Nagpur - 440033.
15.fa.121.15-J.doc 2/5
2. Sau. Maya Sureshrao Kalambe,
Aged about 34 years,
R/o. Belona, Tah. Narkhed,
District - Nagpur.
3. Dattatraya Shivaji Wanjari,
Aged about 32 years,
4. Namdeo s/o. Jangluji Wanjari,
Aged about 78 years,
5. Maroti s/o. Jangluji Wanjari,
Aged about 75 years.
Since deceased through Legal
Representatives. -
5(A). Mirabai wd/o. Maroti Wanjari,
Aged - 76 yrs., Occ.- Nil,
R/o. w/o. Maroti Wanjari, Ward No.4,
Nanda Gomujkh, Nagpur - 441107,
5(B). Kashinath s/o. Maroti Wanjari,
Aged - 54 yrs., Occ.- Private,
R/o. Ward No.4, Nanda Gomukh,
Nagpur - 441107.
5(C). Lalaji s/o. Maroti Wanjari,
Aged - 51 yrs. Occ.- Labour,
R/o. Ward No.4, Nanda Gomukh,
Nagpur - 441107.
5(D). Kalpana w/o. Dilip Karemore,
Aged - 49, Occ.- Nil,
R/o. Gangabai Ghat Road,
Near Shankar Kirana Store,
Gandhibag, Shivaji Nagar,
Nagpur - 440032.
5(E). Vidya w/o. Umesh Mahajan,
Aged - 46 yrs., Occ. - Nil,
R/o. Bhandara Road, Subhash Putla,
Satranjipura, Bagadganj,
Nagpur - 440008.
15.fa.121.15-J.doc 3/5
5(F). Jyoti w/o. Amar Menghre,
Aged - 41 yrs. Occ. - Household,
R/o. Nehru Putla 76, Satranjipura,
Telipura, Itwari, Nagpur - 440002.
6. Pundlik s/o. Jangluji Wanjari,
Aged about 73 years.
Since deceased through Legal
Representatives -
6(A). Nandkishor s/o. Pundlik Wanjari,
Aged - 51 yrs., Occ. - Service.
6(B). Jagdish s/o. Pundlik Wanjari,
Aged - 49 yrs., Occ. - Service.
6(C). Jayant S/o. Pundlik Wanjari,
Aged - 47 yrs., Occ. - Service,
All are Residents of 6, Ladikar Layout,
Manewada Road, Nagpur.
7. Laxman s/o. Jangluji Wanjari,
Aged about 71 years.
8. Rooprao s/o. Jangluji Wanjari,
Aged about 66 years.
All Appellants No.3 to 8 are
R/o. Nandagomukh, Tah. Saoner,
---APPELLANTS
District : Nagpur.
---VERSUS---
State of Maharashtra,
Through the Collector,
Nagpur, District - Nagpur. ----RESPONDENTS
---------------------------------------------------------------------------------------------
Mr. Sunilsingh S. Chauhan, Advocate for Appellants.
Mr. U. R. Phasate, Advocate for Respondent/State.
---------------------------------------------------------------------------------------------
CORAM : NEERAJ P. DHOTE, J.
DATE : 19.01.2026.
15.fa.121.15-J.doc 4/5
ORAL JUDGMENT
. This is an Appeal under Section 54 of the Land Acquisition Act,
1894 (for short, "L.A.Act") preferred by the Original Claimants for
enhancement of compensation towards acquisition of agricultural land
admeasuring 0.28.33 and 2.44.22 H.R. out of Khasra Nos.720 and 726
respectively, situated at village Nanda Gomukhi, Tahsil Saoner, District
Nagpur for 'Kanholi Nala Project' by the State.
2. It is submitted by the learned Advocate for the
Appellants/Claimants that, the learned Reference Court awarded the
compensation at the rate of Rs.40,000/- per hectare. In connected Land
Reference Case No.1/1987 arising out of the same Award and Acquisition
Proceedings, the learned Reference Court awarded the rate of Rs.50,000/-
per hectare to the lands from the same village and of the same quality. He
submitted that First Appeal bearing No.540/2004 preferred by the State
against the decision in the said L.A.R. No.1/1987 came to be decided by the
Judgment and Order dated 25.09.2014 upholding the rate of Rs.50,000/-
per hectare and, therefore, the Appellants be awarded the same rate. He
tenders across the bar the copy of the said Judgment.
3. Learned A.G.P. appearing for the State, which is the Acquiring
Body does not dispute the factual aspect of the matter and the decision of
this Court in the above referred Appeal.
4. On going through the observations made by the learned
Reference Court in the present Reference, it shows that, reliance was placed
by the Claimants on the decision of the Reference Court which was the
subject matter in the said First Appeal and since there was nothing to show
as to whether the Appeal was preferred by the State or not and if yes,
decided or not, the learned Reference Court awarded the compensation of
Rs.40,000/- per hectare. There is no dispute that, the Appellants' land and
the land which was the subject matter in L.A.R. No.1/1987 are of the same
quality and from the same village. This Court has confirmed the rate of
Rs.50,000/- per hectare for the said land. Hence, the Appeal can be
disposed of by following Order :
ORDER
i] Appeal is partly allowed.
ii] The Appellants shall be entitled for compensation to the
acquired land at the rate of Rs.50,000/- per hectare.
iii] Rest of the Operative Order of the learned Reference
Court remains the same.
iv] The amount of compensation be recalculated
accordingly.
5. The Appeal stands disposed of accordingly.
(NEERAJ P. DHOTE J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 19/01/2026 19:20:16
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