THE STATE OF MAHARASHTRA AND ANOTHERversusMAHADU BALI CHAUGULE

2026:BHC-AUG:39523
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                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             17 FIRST APPEAL NO. 4628 OF 2017

                            The State Of Maharashtra And Another
                                          VERSUS
                                    Mahadu Bali Chaugule

                                             ……
          Mr. A.M Phule, AGP for Appellant-State
          Ms. L.R. Thakur, Advocate h/f Mr. L.C. Patil, Advocate for Respondents
          No.1A to 1D
                                             …...

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 29 AUGUST, 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 09.04.2010 passed by the learned Joint Civil

          Judge, Senior Division, Omerga, in Land Acquisition Reference No.406 of

          2009 (Old L.A.R. No.142 of 1995).


          3.     The lands belonging to the claimants, admeasuring 1 Hectare 01 R

          from Survey Nos.61/73/4A and 73/4D respectively, 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.14,000/- per Hectare for the acquired land. The claimants received the
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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

Reference No.406 of 2009 (Old L.A.R. No.142 of 1995). The learned

Reference Court enhanced the market value to Rs.40,000/- per Acre and

also awarded separate compensation towards pipeline and 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.
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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