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Bombay High Court
Shivnanda Uttamrao Bagal vs The State Of Maharashtra And Ors on 27 January, 2026
2026:BHC-AUG:3587
1 27-FA.2253-21 (27,28,29).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
27 FIRST APPEAL NO. 2253 OF 2021
SHIVNANDA UTTAMRAO BAGAL
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellant : Mr. S. M. Kakade h/f Mr. Kakade Deepak M.
AGP for Respondents-State : Mr. S. N. Morampalle.
Advocate for Respondent No.3 : Mr. Arora Shyam C.
...
AND
28 FIRST APPEAL NO. 2254 OF 2021
BABASAHEB ABASAHEB BAGAL
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellant : Mr. S. M. Kakade h/f Mr. Kakade Deepak M.
AGP for Respondents-State : Mr. N.D. Raje.
Advocate for Respondent No.3 : Mr. Arora Shyam C.
...
AND
29 FIRST APPEAL NO. 2258 OF 2021
ABASAHEB SAHEBRAO BAGAL
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellant : Mr. S. M. Kakade h/f Mr. Kakade Deepak M.
AGP for Respondents-State : Mr. S. N. Morampalle.
Advocate for Respondent No.3 : Mr. Arora Shyam C.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 27.01.2026
FINAL ORDER :-
1. Heard both sides finally at the admission stage with consent of the
parties.
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2 27-FA.2253-21 (27,28,29).odt
2. Appellants are challenging distinct judgments and awards passed by
the Reference Court for getting rate of Rs.2,500/- per R. for dry land and
Rs.5,000/- per R. for irrigated land. Reliance is placed on consistent view
taken by this Court and one such order dated 19.01.2026 passed in First
Appeal No.3004 of 2021 has been placed on record.
3. Learned counsel for the respondent opposes the submissions and the
claim of the appellants. It is submitted that the appellants have failed to
make out a case of enhancement. The interest has been awarded in utter
disregard to the law laid down by this court.
4. The lands under acquisition are from village Mangrul, Taluka
Mantha, District Jalna. Those are acquired for Nimna Dudhana Project.
Following are the material particulars in the present first appeals :
Sr. First L.A.R. No. Gut Total U/sec.4 U/sec.11 SLAO Reference
No. Appeal No. No. Acquired notification Award rate per Court Type of land reference court
Area date date R as enhanced awarded
per rate per
Award R
Dry Land Semi Irriga Pot
Irriga ted kharab
ted
27 2253/2021 1062/2010 291 00H. 20R. 18.12.1997 19.11.2001 Rs.679/- Rs.4000/- 00
H.
20 R.
28 2254/2021 723/2010 224 00H. 56R. 18.12.1997 19.11.2001 Rs.552/- Rs.2000/- 00 H. 56 R.
29 2258/2021 862/2010 225 00H. 19R. 18.12.1997 19.11.2001 Rs.553/- Rs.2000/- 00 H. 19 R.
240 00H. 60R. Rs.611/- Rs.2000/- 00 H. 60 R.
5. This Court has been taking consistent view in granting enhancement
in the rate on the basis of Rs.2,500/- per R. for dry land and consequentially
Rs.5,000/- per R. for irrigated land. As per notification dated 31.03.1996
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3 27-FA.2253-21 (27,28,29).odt
issued in case of acquisitions of land from village Satona for self-same
project. This court enhanced rate by order dated 19.01.2026 in First Appeal
No.3004 of 2021 and 3006 of 2021 wherein the lands from village Mangrul
were acquired. The benefit of escalation of 01 year 08 months and 17 days
was also extended. The appellants are entitled to receive rate of Rs.5,892/-
per R. for irrigated land in First Appeal No.2253 of 2021 and Rs.2,946/- per
R. for dry land acquired in remaining first appeals. They are entitled to
receive benefit of escalation by cumulative effect. Present case is squarely
covered by earlier view taken by this Court. I, therefore, pass following
order :
ORDER
(i) First appeals are allowed partly.
(ii) The appellant in First Appeal No.2253 of 2021 shall be entitled
to receive rate of Rs.5,892/- per R. for irrigated land and
appellants in First Appeal Nos.2254 of 2021 and 2258 of 2021
shall be entitled to receive rate of Rs.2,946/- per R. for dry land.
(iii) The appellants shall not be entitled to interest and statutory
benefits for the delayed period.
(iv) The appellants shall be entitled to interest under Section 28 and
34 from the date of award as per law laid down in the judgment
of Full Bench in case of State of Maharashtra Vs. Kailash Shiva
Rangari [2016 AIR (Bom.) 141].
4 27-FA.2253-21 (27,28,29).odt
(v) Save and except above modification. Impugned judgment and
award passed by Reference Court shall stand unaltered.
(vi) The appellants shall pay deficit court fees, if any.
(vii) Record and proceeding be sent back to the concerned Court, if
any.
(viii) Award be drawn accordingly.
(SHAILESH P. BRAHME, J.)
...
vmk/-
