Sundar S/O. Babanrao Gadekar Died Thr His Legal Repr. Yamuna and Ors. v. the State of Maharashtra through the Dist Collector Parbhani and Ors.
Case brief
What is this about?
condonation of delay; 6969 days; civil applications; FAST/9002/2026; FAST/9209/2026; FAST/9172/2026; FAST/8985/2026; First Appeals; LAR No. 13 of 2005; LAR No. 12 of 2005; LAR No. 16 of 2005; LAR No. 14 of 2005; Reference Court; enhancement of compensation; ground of parity; escalation 10% per annum; Nimna Dudhana project; village Gomewakdi; Taluka Sailu; District Parbhani; dry land; Jirayat; semi irrigated; irrigated; pot kharab; Section 4 notification 08.03.2001; award section 11 dated 30.06.2004; SLAO rate Rs.760/-; Rs.1,100/- per R; Rs.3,994/- per Are; Rs.2,500/- per Are; Land Acquisition Act 1894 Section 28 Section 34; interest; full bench; State of Maharashtra Vs. Kailash Shiva Rangari 2016 AIR (Bom.) 141; Pralhad Annasaheb Nirwal First Appeal No. 1778 of 2024; deficit court fees; Bombay High Court Aurangabad Bench; Shailesh P. Brahme; 06 May 2026
What did the court decide?
All four Civil Applications (Nos. 4377, 4401, 4406 and 4407 of 2026) allowed with delay condoned. First Appeals allowed partly: appellants entitled to Rs.3,994/- per Are for Dry land with escalation at 10% per annum; appellants waive interest and statutory benefits for the delayed period; interest payable under Sections 28 and 34 of the Land Acquisition Act, 1894 as per the Full Bench decision in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]; impugned judgment and award stand unaltered save the above modification; appellants to pay deficit court fees; Record and Proceeding to be sent back to the Reference Court; award to be drawn accordingly.