THE STATE OF MAH THR. COLLECTOR OSMANABADversusBHARAMANAPPA SIDRAMAPPA BIRAJDAR AND ANR

2026:BHC-AUG:41498
                                                  1                       979-FA-1746-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                    FIRST APPEAL NO. 1746 OF 2026
                            The State of Maharashtra Thr. Collector Osmanabad
                                                VERSUS
                               Bharamanappa Sidramappa Birajdar And Anr

                                                WITH
                                   979 X-OBJECTION NO. 170 OF 2026
                                           IN FA/1746/2026

              Bharamanappa Sidramappa Birajdar Died Thr Lrs Sojarbai Died Thr Lrs
                                         Revubai And Ors.
                                             VERSUS
              The State Of Maharashtra Through Collector Osmanabad Thr. Collector
                                       Osmanabad And Anr.
                                                 ...
             Mr.Shashikiran Patil & Nandkishor Birajdar. for the Petitioners/Claimants.
             Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Appellant/State.
             Mr.Rahul Tambe for Respndent No.2/Acquiring Body.
                                                 ...
                                   CORAM        : MANJUSHA DESHPANDE, J.
                                      DATE            : 04.09.2026
             PER COURT :

             1.              This First Appeal filed by the State in which the Cross

             Objection has been filed by the claimants. According to the learned Addl.

             G.P. as well as the learned Advocate Advocate appearing for the Acquiring

             Body, confirm that the present Appeal is arising out of the common

             Judgment passed in the LAR No.411 of 2009. The notification as well as

             the project mentioned in the order passed in the First Appeal No.2110 of

             1019 is one of the same, therefore, similar orders also be passed in the

             present First Appeal.


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2.            The First Appeal filed by the State Government against the

Judgment and Award dated 17th April, 2010, passed by the Joint Civil

Judge Senior Division, Omerga in LAR No.416 of 2009. The Reference

Court has determined the compensation for irrigated land at the rate of

Rs.40,000/- per acre along with statutory benefit. The claimants land

bearing Survey No.25 admeasuring 2H 10R is situated at village Turgaon,

Taluka Omerga, District Osmanabad. The land has been acquired for

Benitura Medium Project. The notification under Section 4 of the Land

Acquisition Act, 1984 was issued on 18 th December, 1987 and published

in the Gazette on 16th June, 1998. The land acquisition officer has

determined the rate of Rs.14,000/- per hectare. Being aggrived by the

said compensation, the claimants has approached the Reference Court for

enhancement of compensation. The Reference Court has enhanced the

compensation to the rate of Rs.40,000/- per acre.

3.            Heard the learned Addl. G.P. as well as the learned Advocate

for the Acquiring Body. With their assistance, I have perused the records.

The learned Addl. G.P. as well as the learned Advocate for the Acquiring

Body submit that the enhancement is exorbitant and, therefore, the

Appeal needs to be allowed. It is submitted that the claimants in the

other connected Appeals arising out of the same acquisition have been

awarded enhanced compensation for the irrigated land at the rate of

Rs.1,20,000/- per acre. It is, therefore, submitted that, on the ground of

parity, similar benefit needs to be extended to the present Appellants in
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the Cross Objection. Copies of the orders passed by this Court in First

Appeal Nos.2110 of 2019 and 2111 of 2019, 8 th May, 2026, are placed on

record and marked as ‘X’ for identification collectively. A perusal of the

order passed by this Court in the Appeals show that the Cross Objection

by the respective claimants arising out the same acquisition proceedings

for Benitura Medium Project at Turgaon has been allowed by enhancing

the compensation for irrigated land at the rate of Rs.1,20,000/- per acre.

This position is not disputed either by the learned Addl. G.P. or the

learned Advocate for the Acquiring Body. The parties are ad idem that the

present Appeal also arises out of the same acquisition proceedings, in

which enhanced compensation has been awarded to the claimants. This

position is also supported by the documents placed on record.

4.                   In the present case, the land of the claimants is also irrigated

land and acquired under the same project and also situated in the same

village. This being the position, the claimants are also entitled for

compensation at the same rate on the ground of parity. Hence, I pass the

following order :

                                           ORDER

              (i)             The present First Appeal No.1746 of 2026 filed by the
              State is dismissed.

              (ii)            The Cross Objection No.170 of 2026 filed by the
              claimants is allowed in terms of Judgment in First Appeals
              Nos.2110 of 2019 and 2111 of 2019, dated 8th May, 2026,
              respectively.
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              (iii)       The claimants shall be entitled to the compensation
              at the rate of Rs.1,20,000/- per acre along with statutory benefits
              as per the Land Acquisition Land.

              (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.



                                                   [ MANJUSHA DESHPANDE, J. ]




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