Ganesh Tolaji Nirval vs the State of Maharashtra and Ors.

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2026:BHC-AUG:1109

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1 928 964 & 965 fa 283.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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928 FIRST APPEAL NO. 283 OF 2024

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Ganesh Tolaji Nirval .. Appellant Versus The State of Maharashtra and others .. Respondents

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Shri Firoz Ahmad Shirpurkar, Advocate a/w Shri K. M. More, Advocate for the Appellant. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2. Shri D. B. Pawar, Advocate for the Respondent No. 3.

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AND

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964 FIRST APPEAL NO. 1740 OF 2024

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Yamunabai Vakilrao Nirval .. Appellant Versus The State of Maharashtra, through Collector, Jalna and others .. Respondents

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Shri Firoz Ahmad Shirpurkar, Advocate a/w Shri K. M. More, Advocate for the Appellant. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.

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AND

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965 FIRST APPEAL NO. 1742 OF 2024

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Dinkar Vakilrao Nirval .. Appellant Versus

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The State of Maharashtra, through Collector, Jalna and others .. Respondents

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Shri Firoz Ahmad Shirpurkar, Advocate a/w Shri K. M. More, Advocate for the Appellant. Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.

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CORAM : SHAILESH P. BRAHME, J. DATE : 09TH JANUARY, 2026.

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2 928 964 & 965 fa 283.24

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FINAL ORDER :

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. Taken up for final disposal with the consent of the parties at the admission stage.

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Appellants are questioning judgments and award passed in L.A.R. No. 348 of 2012, L. A. R. No. 349 of 2012 and L.A.R. No. 343 of 2012 for claiming enhancement of rate of Rs. 4,426/- per R for dry land, Rs. 6,639/- per R for semi irrigated land and Rs. 2,213/- for pot kharab land, as the case may be. They are relying on consistent view taken by this Court in awarding rate of Rs. 2,500/- per R with benefit of escalation. One such order dated 19^th December, 2025 passed in First Appeal Stamp No. 8435 of 2021 with other connected matter is placed on record.

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Learned A. G. P. for the respondent Nos. 1 and 2 and the learned counsel for the respondent No. 3 – acquiring body would contest the claim of the appellants. They would submit that the appellants failed to make out any independent case for enhancement on the ground of parity.

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The lands in question are from village Padali and those are acquired for Nimna Dudhna Project. Following are the material particulars.

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3 928 964 & 965 fa 283.24

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Sr. No.	First Appeal No.	L. A. R. No.	Land Gut No.	Area acquired	Notification U/Sec. 4	Date of Award	Rate granted by SLAO	Rate granted by Reference Court
1	283 of 2024	348 of 2012	9A	1H 67R 02 R pot kharab	09.08.2002	08.05.2005	763.9/- Per R for dry land	2500/- per R for dry land & Rs. 1,250/- per R for pot kharab land
2	1740 of 2024	349 of 2012	9C & 9D	86R Dry 84R Semi irrigated	09.08.2002	08.05.2005	768/- Per R for dry land	3750/- per R for semi irrigated 2500/- per R for dry land
3	1742 of 2024	343 of 2012	9C	2H 78R & 02 R pot kharab	09.08.2002	08.05.2005	768/- Per R for dry land	2500/- per R for dry land & Rs. 1,250/- per R for pot kharab land

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This Court has taken consistent view in enhancing the compensation by extending befit of escalation by cumulative effect. Relying on the consistent view in case of acquisition of land from identical village, this Court enhanced the compensation to Rs. 4,426/- per R for dry land in First Appeal Stamp No. 8435 of 2021. Common order dated 19^th December, 2025 passed in First Appeal Stamp No. 8435 of 2021 and another connected matter is placed on record to buttress that under identical notification lands from village Padali were acquired for

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4 928 964 & 965 fa 283.24

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self same project and benefit of escalation for six years at the rate of 10% per annum was awarded by this Court. In the present appeals lands were acquired for self same project and under same notification. Present appeals are squarely covered by the consistent view and appellants are entitled to enhancement.

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The respondents neither led any evidence before the Reference Court, nor did they challenge the classification of the lands. Their submissions are liable to be rejected. I have no hesitation to hold that appellants are entitled to rate of Rs. 4,426/- per R for dry land, Rs. 6,639/- per R for semi irrigated land and Rs. 2,213/- for pot kharab land.

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I, therefore, pass following orders.

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O R D E R

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A. First appeals are allowed partly.

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B. Appellants are entitled to receive rate of Rs. 4,426/- per R for dry land, Rs. 6,639/- per R for semi irrigated land and Rs. 2,213/- for pot kharab for the acquired land.

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C. Appellants shall not be entitled to interest and statutory benefits for the delayed period.

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D. The appellants are entitled to receive interest U/Sec. 28

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5 928 964 & 965 fa 283.24

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and 34 of the Land Acquisition Act as per the judgment of the Full Bench of this Court in the matter of the the State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513 .

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

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F. The appellants shall pay deficit court fees.

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G. Award be drawn up accordingly.

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H. Record and proceedings shall be sent back.

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[ SHAILESH P. BRAHME J. ]

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bsb/Jan. 26

Ganesh Tolaji Nirval v. the State of Maharashtra and Ors.

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Ganesh Tolaji Nirval v. the State of Maharashtra and Ors.

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