Bombay High Court
THE STATE OF MAH THR. COLLECTOR OSMANABADversusMADHAV SIDRAMAPPA BIRAJDAR, DIED THR. L.RS. PARMESHWARA AND ORS
- Disposal
- DISMISSED
- Bench
- NEERAJ P DHOTE
Holding
The appeal is dismissed and the compensation is fixed at Rs 1,20,000 per acre with interest at 12% per annum, applying the principle of parity with earlier judgments.
Summary
The State of Maharashtra appealed against a compensation award of Rs 40,000 per acre for irrigated land acquired for the Benitura Medium Project, arguing that the award was excessive. The claimants, whose 2.5‑hectare land was acquired, contended that similar cases decided by this Court had set compensation for irrigated land at Rs 1,20,000 per acre, and therefore they were entitled to the same rate on the basis of parity. The Court examined the earlier judgments and found that the land in question was indeed irrigated and fell within the same acquisition proceeding as the other cases. Consequently, the Court dismissed the State’s appeal, allowed the claimants’ cross‑objection, and modified the award to Rs 1,20,000 per acre with statutory benefits, interest at 12% per annum from the date of the original award, and ordered the enhanced amount to be deposited within six months.
Issues considered
- Whether the compensation for irrigated land in the present acquisition should be enhanced to the rate awarded in other similar cases (Rs 1,20,000 per acre).
- Whether the State’s appeal against the Reference Court’s award should be allowed.
- What rate of interest is applicable to the enhanced compensation.
Legislation cited
- Land Acquisition Act, 1894 — s. 4
Subjects
- land acquisition
- compensation
- irrigated land
- parity
- interest rate
- statutory benefits
Judgment
2026:BHC-AUG:21323
1 901FA2110.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
901 FIRST APPEAL NO. 2110 OF 2019
The State Of Mah Thr. Collector Osmanabad
VERSUS
Madhav Sidramappa Birajdar, Died Thr. L.rs. Parmeshwara And Ors
...
Mrs. B. B. Gunjal – Asst. Govt. Pleader for Appellant / State
Mr. Shashikiran N. Patil - Advocate for Respondent Nos. 1a to 1c & 1e
...
WITH
CIVIL APPLICATION NO. 15019 OF 2011 IN FA/2110/2019
X-OBJECTION NO. 168 OF 2026 IN FA/2110/2019
...
CORAM : NEERAJ P. DHOTE, J.
DATED : 08TH MAY, 2026
PER COURT : -
1. The First Appeal has been filed by the State against the
Judgment and Award dated 17.04.2010 passed by the learned Jt. Civil
Judge, Senior Division, Omerga, District Osmanabad, (hereinafter
referred to as the “Reference Court”) in L.A.R. No. 416 of 2009, whereby
the Reference Court determined the compensation for irrigated land at
the rate of Rs. 40,000/- (Rupees Forty Thousand only) per acre, along
with statutory benefits.
2. The Claimants’ land bearing Survey No. 18, ad measuring
2 Hectare 50 Are sitauted at village Tugaon, Taluka Omerga, Distirct
Osmanabad, came to be acquired for Benitura Medium Project at
2 901FA2110.2019.odt
Turgaon. The Notification under Section 4 of the Land Acquisition Act
was issued on 18.12.1987 and published in the Gazette on 16.06.1998.
The Land Acquisition Officer determined the Award at the rate of
Rs.14000/- per Hectare. Being not satisfied with the compensation
determined by the Land Acquisition Officer, the Claimants preferred
above-referred L.A.R. for enhancement in the compensation. The
learned Reference Court has enhanced the compensation towards the
irrigated land as stated above.
3. Heard the learned AGP for the State and the learned
Advocate for the Claimants. With their assistance, perused the papers
on record.
4. It is submitted by the learned AGP that, the learned
Reference Court has enhanced the compensation exorbitantly. She
submits that the Appeal be allowed.
5. It is submitted by the learned Advocate for the Claimants
that, this Court in connected Appeals arising out of the same acquisition
proceedings enhanced the compensation for the irrigated land at the
rate Rs. 1,20,000/- [Rupees One Lakh Twenty Thousand] per Acre. The
Claimants are, therefore, entitled for the same rate as the land is
irrigated.
3 901FA2110.2019.odt
6. The copies of the Judgments and Orders passed by this
Court in First Appeal No. 1135 of 2009 with connected Appeals dated
05.02.2026, First Appeal Nos. 625 of 2012 with connected Appeals
dated 18.04.2026 and First Appeal No. 765 of 2007 dated 11.02.2026
are made available by the learned Advocate for the Claimants. A perusal
of the said judgments shows that, the said Appeals along with Cross-
Objections by the respective Claimants were arising out of the same
acquisition proceedings for Benitura Medium Project at Tugaon. This
Court enhanced the compensation for the irrigated land at the rate Rs.
1,20,000/- per acre. The learned AGP does not dispute that this Court
in the said Appeals, which arose from the same acquisition proceedings
have enhanced the compensation. Undisputedly, and what is clear from
the papers on record is that the land of the Claimants in the case at hand
is irrigated and acquired for the same project and situated in the same
village. This being the position, the Claimants are entitled for the
compensation for the same rate on the ground of parity. Hence, the
following order is passed:
ORDER
[i] The First Appeal is dismissed.
[ii] The Cross-Objection No. 168 of 2026 filed by the Claimants
is allowed in terms of the Judgments in First Appeal No.
1135 of 2009 with connected Appeals dated 05.02.2026,
First Appeal Nos. 625 of 2012 with connected Appeals
4 901FA2110.2019.odt
dated 18.04.2026 and First Appeal No. 765 of 2007 dated
11.02.2026, in respect of land only.
[iii] The Claimants shall be entitled to the compensation at the
rate of Rs. 1,20,000/- [Rupees One Lakh Twenty Thousand]
per Acre along with statutory benefits as per the Land
Acquisition Act.
[iv] The Claimants shall be entitled to the interest at the rate of
12% per annum, instead of 8% per annum as granted vide
paragraph 10 of the operative order of the Reference Court.
[v] The Claimants shall be entitled to the interest from the date
of the Award as per Full Bench’s Judgment of this Court in
the case of State Of Maharashtra v. Kailash Shiva Rangari,
(2016) 3 Mh LJ 457.
[vi] The Award passed by the learned Reference Court stands
modified accordingly with no order as to costs.
[vii] The Claimants shall pay the deficit court fees, if any.
[viii] The amount of enhanced compensation with statutory
benefits be deposited in this Court within a period of six (6)
months from today.
[ix] The Claimants will be entitled to withdraw the amount of
compensation after the same is deposited by the State.
[x] Pending Civil Application, if any, stands disposed of.
[NEERAJ P. DHOTE]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 08/05/2026 17:27:53
Checking your session…