Dilwale 1 901-fa-54-07.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 FIRST APPEAL NO. 54 OF 2007 Pravinkumar Rajmal Bedmutha Thr Lrs VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 53 OF 2007 Anilkumar Rajmal Bedmutha VERSUS The State Of Maharashtra And Anr WITH FIRST APPEAL NO. 1323 OF 2006 Rajmal Surajmal Bedmutha Thr Lrs VERSUS The State Of Maharashtra And Anr ... Advocate for Appellant : Mr. S. S. Manale AGP for Respondent-State: Mr. B. A. Shinde Advocate for Respondent No.2 : Mrs. Kalpalata Patil ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 18.08.2026 PER COURT : 1. As the acquisition proceeding is of the year 1993, the appeals are being heard finally with the consent of learned counsel for the respective parties. 2. By these appeals, the appellants-original claimants are aggrieved by the judgment and award dated 12.10.2006 passed by the learned Civil Judge, Senior Division, Nilanga in LAR Nos.784, 785 and 786 of 1998, whereby the Reference Court has enhanced the compensation, though 2026:BHC-AUG:38085 Dilwale 2 901-fa-54-07.odt not as per the claim of the claimants. 3. The lands were acquired for the Terna Project, Right Bank Canal, from village Hadoli. The notification under Section 4 of the Land Acquisition Act was published on 15th June 1993. The Special Land Acquisition Officer declared the award on 14th August 1996. The particulars of the acquired lands are as follows : Sr. No. F.A. No. LAR No. Sy. No. Area Rate by LAO Rate by Court Claim of the claimants 1 53/2007 784/1998 63 0.89 R 22,480 per Acre 45,000 per Acre 1,50,000/- per Acre 2 54/2007 785/1998 60 0.58 R 42,680 per Acre 60,000 per Acre 1,50,000/- per Acre 3 1323/200 6 786/1998 62 1.27 H. 20,400 per Acre 45,000 per Acre 1,50,000/- per Acre 4. Mr. S. S. Manale, learned counsel for the appellants/claimants tenders across the bar a copy of the order passed by this Court in First Appeal No. 355 of 2008 and connected matters decided on 13.03.2024, wherein the lands were acquired for the same project, namely, Terna Project, Right Bank Canal under a subsequent notification. 5. He further submits that in the present matters, the notification under Section 4 of the Land Acquisition Act was published on 15th June 1993, whereas, in First Appeal No. 355 of 2008 and connected matters, the notification was published on 10th July 1995. The lands in those Dilwale 3 901-fa-54-07.odt matters were also acquired from the same village. This Court after considering the sale instances dated 12th July 1991, determined the market value at the rate of Rs.1,800/- per R for dry land. The learned counsel for the appellants further submits that, on the principle of parity, the appellants are entitled to receive compensation at the same rate as determined by this Court in the aforesaid matters. 6. Per contra, Mrs. Kalpalata Patil, learned counsel for the acquiring body submits that the matters were decided by the learned Reference Court on its own merits. She further submits that there is a difference between the dates of the notifications in the present matters and in the First Appeal No.355 of 2008. In the present matters, notification is of the year 1993, whereas, in the matters relied upon by the appellants, the notification is of the year 1995. Therefore, according to her, the appellants are not entitled to claim the same benefit merely on the basis of the judgment in the aforesaid matters. 7. Mr. B. A. Shinde, learned AGP, adopts the submissions advanced on behalf of the acquiring body. 8. Having heard the learned counsel for the respective parties and with their able assistance having gone through the record and proceedings, it is revealed that the lands involved in the present matters were acquired for the same project. In LAR No. 111 of 2001 and connected matters therewith, the Reference Court had relied upon the sale instance at Exhibit 30 dated 12th July 1991 pertaining to village Dilwale 4 901-fa-54-07.odt Sarwadi. This Court has already recorded a finding that the lands covered by the sale instance and the acquired lands are adjacent to each other. Once this Court has already determined the market value after considering the relevant sale instance, there is no reason to take a different view in the present matters. Therefore, I am inclined to allow the appeals partly. 9. The claimants are entitled to receive compensation at the following rates : (i) Rs.1,800/- per R for dry land; (ii) Rs.2,700/- per R for seasonally irrigated land; and (iii) Rs.3,600/- per R for irrigated land. 10. In the present matters, the Reference Court has treated the acquired land in First Appeal Nos. 53 of 2007 and 1323 of 2006 as seasonally irrigated land, whereas the acquired land in First Appeal No. 54 of 2007 has been treated as irrigated land. Consequently, the appellants in First Appeal Nos. 53 of 2007 and 1323 of 2006 are entitled to receive compensation at the rate of Rs.2,700/- per R, whereas the appellant in First Appeal No. 54 of 2007 is entitled to receive compensation at the rate of Rs.3,600/- per R. 11. Hence, the following order : ORDER (i) The appeals are partly allowed. Dilwale 5 901-fa-54-07.odt (ii) The appellants in First Appeal Nos. 53 of 2007 and 1323 of 2006 are entitled to receive compensation at the rate of Rs.2,700/- per R for seasonally irrigated lands and the appellant in First Appeal No. 54 of 2007 is entitled to receive compensation at the rate of Rs.3,600/- per R for irrigated lands and to that extent Clause 2 of operative part of the impugned award passed by the learned Reference Court stands modified. (iii) The claimants shall also be entitled to interest under Sections 28 and 34 from the date of the award dated 14th August 1996, along with all other statutory benefits as per State of Maharashtra Vs. Kailash Shiva Rangari reported in 2016 (3) Mh.L.J. 457 and to that extent Clause 3 of the operative part of the impugned award passed by the learned Reference Court stands modified. (iv) The rest of the judgment and award passed by the Reference Court is maintained. (v) Deficit Court fee be paid. (vi) Modified award be drawn accordingly. (vii) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ]