THE STATE OF MAHARASHTRAversusRANGRAO RAMJI SHINDE

2026:BHC-AUG:46276
                                                                         205-FA-2676-2008.odt
                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                            205 FIRST APPEAL NO. 2676 OF 2008
                                   The State Of Maharashtra
                                           VERSUS
                                    Rangrao Ramji Shinde
                                              ……
          Mr. D.R. Korde, AGP for Appellant
          Mr. N.S. Kadam, Advocate for Respondent
                                            …..

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for the respective parties.


          2.     By the present appeal, the appellants-State has challenged the

          Judgment and Award dated 28.04.1995 passed by the learned Civil Judge,

          Senior Division, Osmanabad, in Land Acquisition Reference No.233 of 1993.


          3.     The land belonging to the claimant, , situated at village Tugaon,

          Taluka Omerga, District Osmanabad, came to be acquired for the Benitura

          Medium Project by issuance of a notification under Section 4 of the Land

          Acquisition Act, 1894. The Special Land Acquisition Officer passed the

          Award under Section 11 of the Act and awarded compensation at the rate of

          Rs.13,000/- per Hectare to 15,000/- per Hectare for the acquired land. The

          claimants received the said amount under protest, reserving their right to

          seek enhancement in the compensation.


          4.     Dissatisfied with the Award, the claimants sought a reference under

          Section 18 of the Act, which came to be registered as Land Acquisition
                                                                   205-FA-2676-2008.odt
                                          2

Reference No.233 of 1993. The learned Reference Court enhanced the

market value to Rs. 33,000/- per Acre and also awarded separate

compensation towards fruit-bearing trees. Being dissatisfied with the

compensation so awarded, the appellant-State has preferred the present

appeal.

5.         Learned counsel appearing for the respondents-claimants submits

that this Court has already considered the issue of determination of

compensation in respect of the same project, namely, Benitura Medium

Project, in First Appeal No.2102 of 2010 and connected matters, preferred

by the claimants therein. By order dated 07.04.2026, this Court has

enhanced the compensation and determined the market value at the rate of

Rs.1,20,000/- per Acre for irrigated land. It is further submitted that the

appeals preferred by the State therein were dismissed. Learned counsel,

therefore, submits that the present appeal may also be disposed of in terms

of the said order. Learned AGP appearing for the appellant-State fairly

concedes the aforesaid position.

6.         In view of the aforesaid decision governing the same project and the

market value determined therein, no separate or contrary view is warranted

in the present appeal.

7.         The First Appeal filed by the appellant-State is, therefore, dismissed.



                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane