Bombay High Court
THE STATE OF MAHARASHTRA AND ANRversusSHRIMANT MADHAV BABAR
- Disposal
- DISPOSED OFF
- Bench
- NEERAJ P DHOTE
Holding
The claimants are entitled to compensation at Rs 20 per square foot, and the State’s appeals are dismissed.
Summary
The State of Maharashtra appealed against the compensation awarded to claimants whose lands in Salegaon village were acquired for the rehabilitation of earthquake‑affected persons. The original award was Rs 15,500‑20,000 per hectare, which the Reference Court enhanced to Rs 96,400 per hectare. The claimants argued that, in other similar acquisitions for the same project, the court had awarded Rs 20 per square foot and therefore they should receive the same rate on the ground of parity. The High Court examined the factual similarity of the acquisitions, noted the earlier orders granting Rs 20 per sq ft to adjoining villages, and held that the claimants were entitled to the same enhanced rate. The Court dismissed the State’s appeals, partly allowed the claimants’ cross‑objections, awarded Rs 20 per sq ft compensation, denied interest and statutory benefits, and ordered procedural directions for the modified award.
Issues considered
- Whether the claimants are entitled to the enhanced compensation rate of Rs 20 per square foot on the ground of parity with similar acquisitions.
- Whether interest and statutory benefits are payable for the delayed period.
- Whether the State’s appeals challenging the enhanced compensation should be dismissed.
Legislation cited
- Land Acquisition Act, 1894 — s. 4
Subjects
- land acquisition
- compensation
- parity
- rehabilitation
- earthquake
- reference court
- interest
- statutory benefits
Judgment
2026:BHC-AUG:31640
19-Five Appeals.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 FIRST APPEAL NO. 2982 OF 2021
The State of Maharashtra
Through The Collector, Osmanabad and Anr. ….Appellants
VERSUS
Kaushalya Raghu Mule …..Respondent
….
WITH
X-OBJECTION NO. 241 OF 2026
IN FA/2982/2021
Kaushalya Raghu Mule ..… Appellant
VERSUS
The State Of Maharashtra,
Through Collector, Osmanabad And Anr. …. Respondents
….
AND
FIRST APPEAL NO.2985 OF 2021
The State of Maharashtra
Through The Collector, Osmanabad and Anr. ….Appellants
VERSUS
Nagu Narayan Ghodke (Died)
Through His LRs
Rajendra Nagu Ghodke and Ors. …..Respondents
….
WITH
X-OBJECTION NO.240 OF 2026
IN FA/2985/2021
Nagu Narayan Ghodke (Died)
Through His LRs
Rajendra Nagu Ghodke and Ors. ..… Appellants
VERSUS
The State Of Maharashtra,
Through Collector, Osmanabad And Anr. …. Respondents
…..
1
19-Five Appeals.odt
AND
FIRST APPEAL NO.2984 OF 2021
The State of Maharashtra
Through The Collector, Osmanabad and Anr. ….Appellants
VERSUS
Madhukar Kashinath Babar …..Respondent
….
WITH
X-OBJECTION NO.247 OF 2026
IN FA/2984/2021
Madhukar Kashinath Babar ..… Appellant
VERSUS
The State Of Maharashtra,
Through Collector, Osmanabad and Anr. …. Respondents
….
AND
FIRST APPEAL NO.2983 OF 2021
The State of Maharashtra
Through The Collector, Osmanabad and Anr. ….Appellants
VERSUS
Shrimant Madhav Babar …..Respondent
….
WITH
X-OBJECTION NO.245 OF 2026
IN FA/2983/2021
Shrimant Madhav Babar ..… Appellant
VERSUS
The State of Maharashtra
Through The Collector, Osmanabad and Anr. …. Respondents
….
AND
FIRST APPEAL NO.2981 OF 2021
The State of Maharashtra
Through The Collector, Osmanabad and Anr. ….Appellants
2
19-Five Appeals.odt
VERSUS
Kisan Pandurang Kamble Died
Through LRs
Chitrika Kisan Kamble and Ors. …..Respondents
….
WITH
X-OBJECTION NO.243 OF 2026
IN FA/2981/2021
Kisan Pandurang Kamble Died
Through LRs Chitrika Kisan Kamble and Ors. ..… Appellants
VERSUS
The State of Maharashtra
Through The Collector, Osmanabad and Anr. …. Respondents
….
ALONG WITH
CIVIL APPLICATION NO. 7970 OF 2019 IN FA/2982/2021
CIVIL APPLICATION NO. 7976 OF 2019 IN FA/2985/2021
CIVIL APPLICATION NO. 7974 OF 2019 IN FA/2984/2021
CIVIL APPLICATION NO. 7972 OF 2019 IN FA/2983/2021
CIVIL APPLICATION NO. 7978 OF 2019 IN FA/2981/2021
______________________________________________________________
Appearance in all matters :-
Mr. K. N. Lokhande, AGP for the Appellants – State
Mr. V. V. Ingale, Advocate for the Respondents / Claimants
______________________________________________________________
CORAM : NEERAJ P. DHOTE, J.
DATE : 27.07.2026
FINAL ORDER :
1. As these Appeals which are filed by the State and Cross-
objections by the Claimants arise out of the common Judgment and
Award dated 16.12.2010, passed by the learned Civil Judge, Senior
Division, Umerga, in Land Acquisition Reference (LAR)
Nos.324/2005, 454/2005, 424/2005, 620/2005 and 1047/2005, and
common submissions are advanced, they are decided by this
common order.
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19-Five Appeals.odt
2. Heard the learned AGP for the State and the learned
Advocate for the Claimants.
3. The Claimants’ lands situated at village – Salegaon, Taluka –
Omerga, District – Osmanabad, came to be acquired for the
purpose of Rehabilitation of Earthquake-affected Persons. Section 4
notification was issued on 24.02.1994, and the Award came to be
declared on 04.07.1996. The Special Land Acquisition Officer (for
short ‘the SLAO’) awarded the compensation within the range of
Rs.15,500/- per hectare to Rs.20,000/- per hectare. The Claimants
preferred the above-referred reference applications, and the
learned Reference Court enhanced the compensation for
Rs.96,400/- per hectare, i.e. Rs.964/- per R.
4. It is submitted by the learned Advocate for the Claimants
that, the connected Appeals arising out of the same acquisition
proceedings undertaken for the same project have enhanced the
compensation to Rs.20/- per sq. ft. He tenders across the bar copies
of the order dated 11.03.2026 passed by this Court in a group of
Appeals, one of which was First Appeal No.2367/2021, and the
order dated 26.03.2026 passed by this Court in a group of First
Appeals, one of which was First Appeal No.629/2012. The same are
taken on record and marked as ‘Exhibit – 1’ for identification. He
submits that, on the ground of parity, the same rate be awarded to
the Claimants.
5. It is submitted by the learned AGP for the State that, the
lands of the present Claimants were situated in Villages –
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19-Five Appeals.odt
Salegaon and Kaldeo Nimbala. He does not dispute the aforesaid
orders by this Court in the Appeals arising out of the acquisition
proceedings for the same project.
6. Perusal of the said orders of this Court goes to show that, the
lands were acquired for the purpose of Rehabilitation of
Earthquake-affected Persons from village – Salegaon. The acquired
lands in the said proceedings were from villages – Koral and
Salegaon. The lands of the Claimants in these Appeals are from
village – Salegaon. The acquisition is for the same purpose. There
is observation, in the order dated 11.03.2026 in First Appeal
No.2367/2021 that the map, which was on record, and the
Judgment of the learned Reference Court indicated that, the
villages – Koral, Salegaon and Tawashigad are the adjoining
villages. The said rate for Rs.20/- per sq. ft. is awarded to the
similarly placed Claimants in the aforesaid Appeals. These being
undisputed factual aspects of the matters, the Claimants herein
would be entitled for the same rate of compensation, i.e. Rs.20/-
per sq. ft., on the ground of parity. Hence, the following order : -
ORDER
[a] The Appeals filed by the State are dismissed.
[b] The Cross-objections filed by the Claimants are
partly allowed.
[c] The Claimants shall be entitled for the
enhanced compensation @ Rs.20/- per sq. ft.
[d] The Claimants shall not be entitled for the
interest and statutory benefits for the delayed
period.
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19-Five Appeals.odt
[e] The Claimants shall pay the deficit court fee.
[f] The Award passed by the learned Reference
Court stands modified to the above extent.
[g] The amount deposited by the State in this Court
is permitted to be withdrawn along with
interest accrued thereon.
[h] The Record and Proceeding (R & P) be sent back
to the learned Reference Court.
[i] Pending Civil Applications, if any, stand
disposed off accordingly.
[NEERAJ P. DHOTE, J.]
Sameer/July-2026
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