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Bombay High Court

SHRIMANT MADHAV BABAR.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND ANR.

Disposal
DISPOSED OFF

Holding

Claimants whose lands were acquired for the same project from the same or adjoining villages are entitled, on the ground of parity, to the same rate of compensation of Rs.20/- per square foot awarded to similarly placed claimants in connected appeals arising from the same acquisition.

Summary

The State of Maharashtra filed five first appeals challenging a common judgment and award dated 16.12.2010 passed by the learned Civil Judge, Senior Division, Umerga, in Land Acquisition Reference Nos. 324/2005, 454/2005, 424/2005, 620/2005 and 1047/2005, while the claimants filed cross-objections seeking further enhancement. The claimants' lands situated at village Salegaon, Taluka Omerga, District Osmanabad, were acquired for the purpose of rehabilitation of earthquake-affected persons, the Section 4 notification having been issued on 24.02.1994 and the Award declared on 04.07.1996. The Special Land Acquisition Officer had awarded compensation ranging from Rs.15,500/- to Rs.20,000/- per hectare, which the Reference Court enhanced to Rs.96,400/- per hectare (Rs.964/- per R). The claimants relied upon two orders of this Court dated 11.03.2026 (in First Appeal No.2367/2021) and 26.03.2026 (in First Appeal No.629/2012) arising out of the same acquisition project, in which compensation was enhanced to Rs.20/- per square foot, and sought the same rate on the ground of parity. The State did not dispute those orders. The Court found that the acquired lands in those proceedings were from the adjoining villages of Koral and Salegaon, that the acquisition was for the same purpose, and that the claimants herein were similarly placed. Accordingly, the Court held the claimants entitled to compensation at Rs.20/- per square foot on the ground of parity, dismissed the State's appeals and partly allowed the cross-objections, while denying interest and statutory benefits for the delayed period and directing payment of the deficit court fee.

Issues considered

  • Whether the claimants are entitled to enhanced compensation at the rate of Rs.20/- per square foot on the ground of parity with similarly placed claimants whose lands were acquired under the same acquisition proceedings for the same project.
  • Whether the compensation awarded by the Reference Court at Rs.96,400/- per hectare (Rs.964/- per R) warrants enhancement.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • parity
  • enhanced compensation
  • market value
  • earthquake rehabilitation
  • cross-objections
  • Reference Court

Judgment

2026:BHC-AUG:31649
                                                             19-Five Appeals.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                        19 FIRST APPEAL NO. 2982 OF 2021

          The State of Maharashtra
          Through The Collector, Osmanabad and Anr.   ….Appellants
                   VERSUS
          Kaushalya Raghu Mule                        …..Respondent
                                      ….
                                    WITH
                           X-OBJECTION NO. 241 OF 2026
                                 IN FA/2982/2021
          Kaushalya Raghu Mule                        ..… Appellant
                     VERSUS

          The State Of Maharashtra,
          Through Collector, Osmanabad And Anr.   …. Respondents
                                       ….
                                      AND
                        FIRST APPEAL NO.2985 OF 2021

          The State of Maharashtra
          Through The Collector, Osmanabad and Anr.   ….Appellants
                      VERSUS
          Nagu Narayan Ghodke (Died)
          Through His LRs
          Rajendra Nagu Ghodke and Ors.          …..Respondents
                                       ….
                                     WITH
                          X-OBJECTION NO.240 OF 2026
                                 IN FA/2985/2021
          Nagu Narayan Ghodke (Died)
          Through His LRs
          Rajendra Nagu Ghodke and Ors.               ..… Appellants
                     VERSUS

          The State Of Maharashtra,
          Through Collector, Osmanabad And Anr.       …. Respondents
                                       …..

                                          1
                                                  19-Five Appeals.odt


                        AND
             FIRST APPEAL NO.2984 OF 2021

The State of Maharashtra
Through The Collector, Osmanabad and Anr.   ….Appellants
          VERSUS
Madhukar Kashinath Babar                    …..Respondent
                           ….
                         WITH
                X-OBJECTION NO.247 OF 2026
                      IN FA/2984/2021
Madhukar Kashinath Babar                    ..… Appellant
       VERSUS

The State Of Maharashtra,
Through Collector, Osmanabad and Anr.   …. Respondents
                             ….
                            AND
              FIRST APPEAL NO.2983 OF 2021

The State of Maharashtra
Through The Collector, Osmanabad and Anr.   ….Appellants
          VERSUS
Shrimant Madhav Babar                       …..Respondent
                           ….
                         WITH
                X-OBJECTION NO.245 OF 2026
                      IN FA/2983/2021
Shrimant Madhav Babar                       ..… Appellant
       VERSUS

The State of Maharashtra
Through The Collector, Osmanabad and Anr. …. Respondents
                             ….
                            AND
              FIRST APPEAL NO.2981 OF 2021

The State of Maharashtra
Through The Collector, Osmanabad and Anr.   ….Appellants

                              2
                                                            19-Five Appeals.odt


            VERSUS
Kisan Pandurang Kamble Died
Through LRs
Chitrika Kisan Kamble and Ors.          …..Respondents
                             ….
                           WITH
                X-OBJECTION NO.243 OF 2026
                        IN FA/2981/2021
Kisan Pandurang Kamble Died
Through LRs Chitrika Kisan Kamble and Ors.          ..… Appellants
        VERSUS
The State of Maharashtra
Through The Collector, Osmanabad and Anr.           …. Respondents
                             ….
                        ALONG WITH
      CIVIL APPLICATION NO. 7970 OF 2019 IN FA/2982/2021
      CIVIL APPLICATION NO. 7976 OF 2019 IN FA/2985/2021
      CIVIL APPLICATION NO. 7974 OF 2019 IN FA/2984/2021
      CIVIL APPLICATION NO. 7972 OF 2019 IN FA/2983/2021
      CIVIL APPLICATION NO. 7978 OF 2019 IN FA/2981/2021
______________________________________________________________
Appearance in all matters :-
Mr. K. N. Lokhande, AGP for the Appellants – State
Mr. V. V. Ingale, Advocate for the Respondents / Claimants
______________________________________________________________
                             CORAM :           NEERAJ P. DHOTE, J.
                             DATE          :   27.07.2026
FINAL ORDER :

1.   As these Appeals which are filed by the State and Cross-
objections by the Claimants arise out of the common Judgment and
Award dated 16.12.2010, passed by the learned Civil Judge, Senior
Division,   Umerga,   in   Land       Acquisition   Reference       (LAR)
Nos.324/2005, 454/2005, 424/2005, 620/2005 and 1047/2005, and
common submissions are advanced, they are decided by this
common order.

                                  3
                                                             19-Five Appeals.odt


2.   Heard the learned AGP for the State and the learned
Advocate for the Claimants.



3.   The Claimants’ lands situated at village – Salegaon, Taluka –
Omerga, District – Osmanabad, came to be acquired for the
purpose of Rehabilitation of Earthquake-affected Persons. Section 4
notification was issued on 24.02.1994, and the Award came to be
declared on 04.07.1996. The Special Land Acquisition Officer (for
short ‘the SLAO’) awarded the compensation within the range of
Rs.15,500/- per hectare to Rs.20,000/- per hectare. The Claimants
preferred the above-referred reference applications, and the
learned   Reference    Court    enhanced        the   compensation         for
Rs.96,400/- per hectare, i.e. Rs.964/- per R.


4.   It is submitted by the learned Advocate for the Claimants
that, the connected Appeals arising out of the same acquisition
proceedings undertaken for the same project have enhanced the
compensation to Rs.20/- per sq. ft. He tenders across the bar copies
of the order dated 11.03.2026 passed by this Court in a group of
Appeals, one of which was First Appeal No.2367/2021, and the
order dated 26.03.2026 passed by this Court in a group of First
Appeals, one of which was First Appeal No.629/2012. The same are
taken on record and marked as ‘Exhibit – 1’ for identification. He
submits that, on the ground of parity, the same rate be awarded to
the Claimants.


5.   It is submitted by the learned AGP for the State that, the
lands of the present Claimants were situated in Villages –


                                   4
                                                            19-Five Appeals.odt


Salegaon and Kaldeo Nimbala. He does not dispute the aforesaid
orders by this Court in the Appeals arising out of the acquisition
proceedings for the same project.


6.   Perusal of the said orders of this Court goes to show that, the
lands were acquired for the purpose of              Rehabilitation of
Earthquake-affected Persons from village – Salegaon. The acquired
lands in the said proceedings were from villages – Koral and
Salegaon. The lands of the Claimants in these Appeals are from
village – Salegaon. The acquisition is for the same purpose. There
is observation, in the order dated 11.03.2026 in First Appeal
No.2367/2021 that the map, which was on record, and the
Judgment of the learned Reference Court indicated that, the
villages – Koral, Salegaon and Tawashigad are the adjoining
villages. The said rate for Rs.20/- per sq. ft. is awarded to the
similarly placed Claimants in the aforesaid Appeals. These being
undisputed factual aspects of the matters, the Claimants herein
would be entitled for the same rate of compensation, i.e. Rs.20/-
per sq. ft., on the ground of parity. Hence, the following order : -

                               ORDER

       [a]   The Appeals filed by the State are dismissed.

       [b]   The Cross-objections filed by the Claimants are
             partly allowed.

       [c]   The Claimants shall be entitled for the
             enhanced compensation @ Rs.20/- per sq. ft.

       [d]   The Claimants shall not be entitled for the
             interest and statutory benefits for the delayed
             period.


                                    5
                                                                19-Five Appeals.odt


          [e]      The Claimants shall pay the deficit court fee.

          [f]      The Award passed by the learned Reference
                   Court stands modified to the above extent.


          [g]      The amount deposited by the State in this Court
                   is permitted to be withdrawn along with
                   interest accrued thereon.

          [h]      The Record and Proceeding (R & P) be sent back
                   to the learned Reference Court.


          [i]      Pending Civil Applications,      if   any,   stand
                   disposed off accordingly.




                                              [NEERAJ P. DHOTE, J.]




Sameer/July-2026




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