Sheshrao Nathoba Kurdhane vs the State of Maharashtra through Collector, Jalna and Ors.

Appellants are challenging distinct judgments and award passed by the Reference Court in the respective reference applications. They are claiming enhancement relying on the consistent view being taken by this Court. It is also followed in First Appeal No. 2141 of 2025.

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Lands of the appellants from village Pandepokhari, Tq. Partur, Dist. Jalna, which are acquired for percolation tank. The notification was issued on 01.09.2010. The rate offered by the Special Land Acquisition Officer was Rs.1,500/- per R for semi irrigated land and Rs. 375/- per R for pot kharab land. The rates

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3 fa 2168.25

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are enhanced to Rs. 5,886/- per R for semi irrigated land and Rs. 2,943/- per R for pt kharab land. For dry land rate was enhanced to Rs. 3,924/- per R.

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Learned Assistant Government Pleader in respective matters would contest the submissions. It is contended that no case is made out for any further enhancement and appeals are liable to be dismissed.

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5. Following are the relevant details.

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F.A. No.	LAR No.	Gut No.	Total Acqu ired area	Notificatio n u/s.4	Award u/s. 11 date	SLAO rate as per award	Ld. Reference Court enhanced rate per R	Typ Refe awa	e of l renc rded	and L e Cou	d. rt
								Jir aya t	Se mi irri gat ed	Irr ig at ed	Po t kh ar ab
2168/2025	691/2013	83	1H 09R	01.09.2010	10.02.2012	Rs. 1500/- per R dry Rs. 375/- per R for pot kharab	Rs. 5886/- Rs. 2943/- per R		1H 07 R		02 R
3553/2025	690/2013	83	2H 18R	01.09.2010	10.02.2012	Rs. 1500/- per R dry Rs. 375/- per R for pot kharab	Rs. 3924/- Rs. 1962/- per R	2H 16 R			02 R
3557/2025	712/2013	83	1H 28R	01.09.2010	10.02.2012	Rs. 1500/- per R dry Rs. 375/- per R for pot kharab	Rs. 5886/- Rs. 1962/- per R		1H 26 R		02 R
21/2026	692/2013	83	2H 58R	01.09.2010	10.02.2012	Rs. 1500/- per R dry Rs. 375/- per R for pot kharab	Rs. 5886/- Rs. 1962/- per R		2H 56 R		02 R

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4 fa 2168.25

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While deciding First Appeal No. 2141 of 2025, rate fixed in L. A. r. No. 671 of 2011 was adopted to the tune of Rs. 4,629/- per R for dry land. The same rate can be adopted in the present matters. Appeals are squarely covered by the consistent view being taken by this Court.

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The appellants are entitled to have escalation by cumulative effect as per rate of 10% per annum for a period of three years as per the judgments of the Supreme Court in the matters of Huchangouda Vs. Assistant Commissioner and Land Acquisition Officer reported in (2020)19 SCC 236 and Ali Mohammad Beigh and others Vs. State of Jammu and Kashmir reported in (2017) 4 SCC 717 .. The notification in the present matter was issued on 01.09.2010, whereas notification in L.A.R. No. 671 of 2011 was issued on 09.08.2007. The rate works out to be Rs. 6,161/- per R for dry land, Rs. 9,242/- per R for semi irrigated land and Rs. 3,081/- per R for pot kharab land. I, therefore, pass following order.

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O R D E R

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a. The appellants shall be entitled to receive Rs. 6,161/- per Are for dry land, Rs. 9,242/- per R for seasonally irrigated land and Rs. 3,081/- per R for pot kharab land, considering the nature of their lands classified by the Reference Court.

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b. The appellants shall not be entitled to the interest and statutory benefits for the delayed period.

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5 fa 2168.25

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c. The appellants shall be entitled to receive the interest under Section 28 and 34 of the Land Acquisition Act, 1894 as per Full Bench judgment of State of Maharashtra Vs. Kailash Shiva Rangari reported in [2016 AIR (Bom.)141] .

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d. Save and except above modification, the impugned judgment and award shall stand unaltered.

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e. Record and proceeding be sent back to the Reference Court, if any.

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f. The appellants shall pay deficit court fees, if any.

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g. Award be drawn accordingly.

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[ SHAILESH P. BRAHME J. ]

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bsb/April 26

Sheshrao Nathoba Kurdhane v. the State of Maharashtra through Collector, Jalna and Ors.

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Sheshrao Nathoba Kurdhane v. the State of Maharashtra through Collector, Jalna and Ors.

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