BHARAT SAMPATRAO BORADE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

2026:BHC-AUG:3396-DB

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD.

                                963 WRIT PETITION NO.10624 OF 2023

               Bharat Sampatrao Borade and Others                       … Petitioners
                     Versus
               The State of Maharashtra
               Through Secretary and Others                             … Respondents
                                                 …..
                           Shri. Mahesh V. Ghatge, Advocate for Petitioners
                           Shri. S. R. Wakale, AGP for Respondent – State.
                                                 …..

                                              CORAM :       ARUN R. PEDNEKER AND
                                                            VAISHALI PATIL-JADHAV, JJ.
                                              Dated     :   JANUARY 17, 2026

               FINAL ORDER :-

               .       The Petitioners, by the present petition, challenge the order dated

               03.08.2021 passed by Respondent No.6 - Tahsildar, Selu, granting

               insufficient compensation for loss of crops, which were inundated with

               water due to heavy rainfall.



               2.      Learned Counsel for the Petitioners submits that, during the

               period from June to October 2020, the Petitioners suffered heavy

               agricultural losses as their fields bearing Gat Nos.99, 14 and 2 situated

               at village Taltumba, Tal. Selu, Dist. Parbhani, were inundated with water

               owing to heavy rainfall. He submits that, the Government Resolution

               (for short, ‘G.R.’) dated 09.11.2020 provides for certain compensation

               for agricultural land damaged due to excessive rainfall and floods. As

               per the said G.R., the maximum compensation payable for damage to
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multiple year crop is Rs.25,000/- per hectare, subject to a limit of

2 hectares. Undisputedly, all the Petitioners herein have more than

2 Hectares of land, and pursuant to the panchanama, the damage to the

crops across the landholdings was found to be more than 50%. Under

the said G.R. compensation is admissible where the crop damage

exceeds 33%.



3.    It is further submitted by learned Advocate for the Petitioners

that, the Petitioners are entitled for the compensation in terms of the

said G.R. and are also entitled to receive the same from the State.

However, the Respondent – Tahsildar has considered the lands of the

Petitioners as Jirayat lands and not Bagayat lands and granted the

compensation at the rate of Rs.10,000/- per Hectare. He has taken this

Court through the panchanama and pointed out that, the Petitioners’

lands were under cultivation of lemon and mango trees, which are

multiple year crops. The lands were also situated very close to a water

tank. He further submits that, the observation by the Respondent -

Authority that the lands are Jirayat lands is contrary to the record.



4.    Pursuant to the notice issued by this Court, the State has filed its

affidavit. They have not contested the position that the Petitioners’ lands

are under the cultivation of fruit bearing trees (Bagayat lands), however

they have stated that the affected lands are less than 33%. However, on
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                             perusal of the impugned order, it appears that, the affected land in each

                             case is more than 50%.



                             5.       Considering the fact that there is cultivation of fruit bearing trees

                             on the Petitioners’ lands and that the lands are situated close to a water

                             source, and also considering the G.R. dated 09.11.2020, this Court holds

                             that, the lands of the Petitioners are multiple year crop lands and the

                             Petitioners are entitled to compensation at the rate of Rs.25,000/- per

                             Hectare, limited to 2 hectares per person. The balance of compensation,

                             after adjusting the compensation already disbursed, shall be paid to the

                             Petitioners within a period of eight weeks from the date of production of

                             the requisite documents by the Petitioners before the concerned

                             Respondent - Authority.



                             6.       The Petition stands disposed of with the above directions.




                             (VAISHALI PATIL-JADHAV, J.)                    ( ARUN R. PEDNEKER, J. )


                             GGP




Signed by: Gajanan G. Punde
Designation: PA To Honourable Judge
Date: 28/01/2026 11:28:41