955-fa-486-2003 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 486 OF 2003 Banda s/o Vishwanath Jagtap, Deceased thr. L.Rs. (Orig. Claimant) 1. Sheshrao s/o Banda Jagtap, Age: 65 years, Occ: Agri. R/o Bhatangali, Tq. Lohara, Dist. Osmanabad 2. Sindhubai Raosaheb Bhosale Deceased thr. L.Rs. 2.1. Dilip Raosaheb Bhosale, Age: Major, Occ: Agriculture, Address: Near Mahadev Temple, Chhatrapati Chowk, Rampur, Tq. Omerga, Dist. Dharashiv (Osmanabad). 2.2. Vijayabai Tanaji Survase, Age: Major, Occ: Agriculture, Address: Bahali, Tq. Lohara, Dist. Dharashiv (Osmanabad) 2.3. Jayabai Vikas Kavthe, Age: Major, Occ: Agriculture, Address: Nalwadi, Tq. Omerga, District: Dharashiv (Osmanabad) 2.4. Gopal Raosaheb Bhosale, Age: Major, Occ: Agriculture, Address: Near Mahadev Temple, Chhatrapati Chowk, Rampur, Tq. Omerga, Dist. Dharashiv (Osmanabad) 3. Mohan s/o Banda Jagtap, Age: 55 years, Occ: Agriculture, R/o Bhatangali, Tq. Lohara, Dist. Osmanabad …..APPELLANTS VERSUS 955-fa-486-2003 -2- The State of Maharashtra, Through the Collector, Osmanabad. …..RESPONDENT (Orig. Respondent) _____________________________________________________________ Mr. B. N. Patil, Advocate for Appellants Mr. D. J. Patil, AGP for Respondent-State _____________________________________________________________ CORAM : SANJAY A. DESHMUKH, J. DATED : 27TH FEBRUARY, 2026 ORDER:- . This appeal is preferred against the judgment and award passed by the learned Land Reference Court, Osmanabad in Land Acquisition Reference No.58 of 1987 dated 25.01.1991. 2. Claimant’s land bearing block no.13/4, admeasuring 0.53R and block no.18/2, admeasuring 2.59 R of village Omerga, now Loha was acquired for the purpose of Lower Terna Project by the notification issued and published under Section 4 of the Land Acquisition Act, 1894 dated 20.01.1983. The final award was passed on 19.09.1986 awarding compensation @Rs.4400/- per acre i.e.Rs.110/- per Are. Against the said award, claimant has preferred a reference and learned Reference Court enhanced the amount and awarded Rs.8,000/- per acre i.e. Rs.200/- per Are. 3. Learned Advocate for the appellants submitted that very meager amount of compensation was awarded. The evidence was not properly appreciated. He is relying upon the judgment of this Court 955-fa-486-2003 -3- delivered in First Appeal No.176 of 2004, dated 04.12.2015, by which compensation @Rs.25,000/- per acre was awarded. He therefore submitted that land in the said proceeding was acquired for one and the same project and from one and the same village Bhatangali Tahsil Omerga, now Loha, Dist. Osmanabad. He prayed that compensation be paid on the basis of parity. 4. Learned AGP for the state strongly opposed the appeal and submitted that principle of parity cannot be applied in the present matter. 5. Upon perusal of the impugned judgment and judgment of this Court delivered in 176 of 2004, in which the land from the same village was acquired which is also a dry land like claimants’ land and this Court awarded Rs.25,000/- per acre for that land. Relying upon the judgment delivered by this Court claimants are certainly entitled to the compensation @Rs.25,000/- per acre for dry land on the principle of parity. The appeal deserves to be allowed. Impugned judgment and award deserves to be set aside partly. Hence, the following order: ORDER a. First Appeal is allowed. b. Impugned judgment and award is set aside and modified as under: 955-fa-486-2003 -4- i. Claimant is entitled for the compensation @Rs.25,000/- per acre for their acquired dry land including earlier amount of compensation received by them with all the statutory benefits like additional component, interest and solatium as per the Land Acquisition Act, 1894. c. Respondent-Acquiring Authority is directed to deposit the enhanced amount of compensation with accrued interest in this Court within 12 weeks. d. On depositing the enhanced amount of compensation and upon payment of deficit Court fees, compensation be paid to the claimants accordingly. e. It is clarified that the claimants are not entitled to the statutory benefits for the period of delay, if any, condoned by this Court. f. Pending Civil Applications, if any, stand disposed of. (SANJAY A. DESHMUKH, J.) Rushikesh/2026