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Jangluji Wanjari, Since Deceased ... vs State Of Maharashtra Through The ...
2026 Latest Caselaw 577 Bom

Citation : 2026 Latest Caselaw 577 Bom
Judgement Date : 19 January, 2026

[Cites 1, Cited by 0]

Bombay High Court

Jangluji Wanjari, Since Deceased ... vs State Of Maharashtra Through The ... on 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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