[Cites 2, Cited by 0]
Bombay High Court
Kisan Tatyarao Akat Died Thr Lrs Uddhav ... vs The State Of Maharashtra Through ... on 22 January, 2026
2026:BHC-AUG:2913
41 CA 692 OF 2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
41 FIRST APPEAL NO. 1541 OF 2025
WITH
CIVIL APPLICATION NO. 692 OF 2026
IN FA/1541/2025
WITH
CIVIL APPLICATION NO. 1782 OF 2017
IN FA/1541/2025
THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OMERGA AND
ANOTHER
VERSUS
ANNAPURNABAI MAHADEV ZURALE THR HIS LRS SIDHAPPA MAHADEV
ZURALE AND OTHERS
...
Advocate for Appellant/Acquiring Body : Mr. G.B. Rajale
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondents/Claimants : Mr. G.J. Kore
...
WITH
FIRST APPEAL NO. 2744 OF 2024
WITH
CIVIL APPLICATION NO. 1780 OF 2017
IN FA/2744/2024
THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OMERGA AND
ANOTHER
VERSUS
SIDHAPPA MAHADEO ZURALE
...
Advocate for Appellant/Acquiring Body : Mr. G.B. Rajale
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondents/Claimants : Mr. G.J. Kore
...
WITH
FIRST APPEAL NO. 1540 OF 2025
WITH
CIVIL APPLICATION NO. 1784 OF 2017 IN FA/1540/2025
THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OMERGA AND
ANOTHER
VERSUS
KHANDU SHARNAPPA ZURALE
...
1/5
41 CA 692 OF 2026.odt
Advocate for Appellant/Acquiring Body : Mr. G.B. Rajale
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondents/Claimants : Mr. G.J. Kore
...
WITH
FIRST APPEAL NO. 1538 OF 2025
WITH
CIVIL APPLICATION NO. 1778/2017 IN FA 1538/2025
THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OMERGA AND
ANOTHER
VERSUS
REVAN NILAPPA JAGADALE
...
Advocate for Appellant/Acquiring Body : Mr. G.B. Rajale
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondents/Claimants : Mr. G.J. Kore
....
WITH
FIRST APPEAL NO. 1539 OF 2025
WITH
CIVIL APPLICATION NO. 1786/2017 IN FA/1539/2025
THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OMERGA AND
ANOTHER
VERSUS
PRAKASH NILAPPA JAGADALE
...
Advocate for Appellant/Acquiring Body : Mr. G.B. Rajale
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondents/Claimants : Mr. G.J. Kore
...
WITH
FIRST APPEAL NO. 1542 OF 2025
WITH
CIVIL APPLICATION NO. 1776/2017 IN FA 1542/2025
THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OMERGA AND
ANOTHER
VERSUS
NAGAPPA CHANAPPA LAMJANE DEAD THR HIS LRS CHAYABAI NAGAPPA
LAMJANE AND OTHERS
....
Advocate for Appellant/Acquiring Body : Mr. G.B. Rajale
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondents/Claimants : Mr. G.J. Kore
2/5
41 CA 692 OF 2026.odt
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 22.01.2026
PER COURT :
First Appeal nos. 2744/ 2024, 1540/2025, 1538/2025, 1539/ 2025
and 1542/2025 are not on board. Taken on board, on mentioning.
2. Taken up up for final disposal, with the consent of the parties.
3. The appellants are challenging judgment and award passed by the
reference Court granting enhancement to Rs. 85106/- per Acre from Rs.
34000/- per Hectare. It is fairly submitted by learned counsel appearing for
the appellant-Acquiring Body that by common judgment and award dated
17.07.2015 in FAST No. 18627/2015, the coordinate bench dismissed the
appeals confirming the enhancement granted by the Reference Court to the
tune of Rs. 85,106/- per acre. It is submitted that the relief of rental
compensation is impermissible to be granted in the present proceedings and
the interest has not been granted as per law laid down in the matter of
State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR
513.
5. The learned counsel for the respondent would support the impugned
judgment and award. He would submit that once the coordinate bench has
taken a view by a reasoned order, again it is not permissible for this Court to
upset the consistent view.
6. The acquisition in question pertains to Supatgaon Storage Tank. The
reliance on the sale instance in the present appeals as well as in the cited
judgment, is sale instance of Gat No. 330 dated 21.1.2000. If on the basis of
the self-same sale instance this Court arrived at rate of Rs. 85,106/- per Acre
then there is no alternative than to accept the same rate. This Court will
3/5
41 CA 692 OF 2026.odt
have to be consistent. The present appeals are squarely covered by the
common judgment and award passed on 17.07.2015.
7 The appellants shall not be entitled to rental compensation and they
will have to take out independent proceeding to avail the remedy as
permissible in law. No relief in the present statutory proceedings can be
awarded to them. It would be relevant to refer to judgment of the Supreme
Court in the matter of State of Maharashtra Vs. Maimuma Banu; (2003)7
SCC 448, for holding that it is not permissible to grant relief of rental
compensation. The operative part clause Nos. 10 and 11 need to be
quashed. The interest under Section 28 and 34 of the Land Acquisition Act
would be payable as per the law laid down in the matter of Kailas Shiva
Rangari (supra), which is settled law. I therefore, pass following order.
ORDER
(i) The First Appeal is allowed partly.
(ii) The respondents-claimants shall be entitled to
interest under Section 28 and 34 as per law laid down in
the matter of State of Maharashtra Vs. Kailas Shiva Rangari
reported in 2016(4) All MR 513.
(iii) Operative part of clause nos. 10 and 11 shall stand
quashed.
(iv) The respondents-claimants shall be entitled to
have rental compensation by resorting to remedy as
permissible in law.
(v) Save and except the above modifications,
remaining judgment and award under question shall stand
confirmed.
41 CA 692 OF 2026.odt
(vi) The respondents-claimants shall be entitled to
receive the balance amount after recalculating the interest
as above.
(viii) Award be drawn accordingly
(ix) Pending Civil Applications are disposed of.
( SHAILESH P. BRAHME, J.)
mkd/-
