NETAJI APPASAHEB PATILversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND OTHERS

2026:BHC-AUG:41358


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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                                 FIRST APPEAL NO. 303 OF 2026
                                    NETAJI APPASAHEB PATIL
                                               VERSUS
                     THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
                                   OSMANABAD AND OTHERS
                                                  ...
                            Advocate for Appellant : Mr. A.N.Nagargoje
                                  h/f. Mr. Shingnapure Ravindra K.
                          AGP for Respondent/s – State : Ms. Preeti Diggikar
                                                 …

                                       CORAM : MANJUSHA DESHPANDE, J.

                                        DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              1.            This Appeal has been filed by the original Claimant whose

              land has been acquired for the Minor Irrigation Tank, at Shiradhon.


              2.            The Appellant is the owner and possessor of land Gat no.

              398, admeasuring 1 Hector 24 R and Gat no. 399 admeasuring 1 H 27 R

              situated at Shiradhon, Taluka Kallamb, District Osmanabad.


              3.            The Land has been acquired by Respondent nos. 2 and 3,

              respectively, for the purpose of irrigation tank. The notification under

              Section 4 of the land Acquisition Act, was published on 29.06.1995,

              notification under Section 6 was published on 07.03.1996 and the award
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was declared on 16.06.1999. According to the Claimant, the date of

possession is 01.12.1999. The reference Court while granting

compensation to the Appellant has granted rate of Rs. 1,750/- per R.

Therefore, aggrieved by the insufficiency of the compensation, the

Claimant has approached this Court against the order passed by the

reference Court in LAR no. 82/2003.


4.          Learned Advocate for the Appellant would submit that this

Appeal has been filed in the year 2022 and it has been registered in the

year 2026. He has placed reliance on the order passed by this Court in

First Appeal no. 654/2014, with connected Appeals which has been

decided by this Court on 02.04.2019. He is relying on the judgment

passed by this Court for seeking parity with the appellant in the group of

First Appeals filed by the Claimants from the same notification, by which

the land of the present Appellant was acquired. According to him, this

Court after taking into consideration the merits of the matter and

evidence placed on record before the Reference Court has come to

conclusion that the Appeals before this Court deserve to be allowed by

has enhancing the compensation admissible to the Claimants at the rate

of Rs. 2890/- per R for the land acquired in Gat nos. 402 and 420 of

Village Shiradhon.
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5.          He places reliance on the notification in order to

demonstrate that the land of the present Appellant is also covered by the

same notification under which the land of the Claimant in the First

Appeal is also covered.


6.          Upon perusal of the award dated 16.06.1999, it is evident

that the land of the present Appellant is also included in the same

notification and the land of the Appellants in First Appeal no. 654/2014

along with the connected Appeals also forms part of the same

notification. Considering that this Court has already taken into account

the evidence produced before the reference Court and the nature of land

as well as the law i.e. governing the enhancement of compensation, the

enhancement has been granted by this Court. Since the land of the

present Appellant is also covered under the same notification, the same

benefit deserves to be allowed to the Appellant on the ground of parity.

Hence, I pass the following order :

                                ORDER

      i.     First Appeal filed by the Appellant is allowed.


      ii.    The Claimant i.e. the original Appellant in LAR no.

      82/2003, shall be entitled to enhance the compensation at the

      rate of Rs. 2890/- per R for the acquired land.
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iii.   The Claimant is also entitled to the component under

Section 23 (1A) of the Land Acquisition Act, i.e. the amount

calculated at the rate of 12 % per annum on the market value

of the acquired land for the period commencing on and from

the date of notification under Section 4 (1) of the Land

Acquisition Act, i.e. from 01.06.1995, to the date of

possession of the acquired land i.e. 01.12.1995.


iv.    The Claimant is entitled to solatium at the rate of 30%

on market value of the acquired land under Section 23 (2) of

the Land Acquisition Act.


v.     The enhanced compensation i.e. the excess than

awarded by the Collector, solatium and component, the

Claimant is entitled to interest, under Section 28 of the Land

Acquisition Act, at the rate of 9% per annum i.e. from the

date of possession i.e. from 01.12.1995 for one year, and

thereafter, 15% per annum to the date of deposit of enhanced

compensation, component and solatium, in the Court.


vi.    The Claimant is also entitled to the interest under

Section 34 of the Land Acquisition Act, at the rate of 9% per
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      annum from 01.12.1995, on the compensation amount

      awarded by the Collector until the date of payment or

      deposit of that amount of compensation for a period of one

      year and after one year, he is entitled to the interest at the

      rate of 15% per annum on this compensation till 07.03.2000

      i.e. the date of payment of compensation awarded by the

      Collector.


      vii.   The compensation for trees and structure awarded by

      the reference Court shall remain as it is.


      viii. With the aforementioned directions, the First Appeal

      stands disposed of.




                                     ( MANJUSHA DESHPANDE, J. )




SPC