927-fa-4291-2008+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.4291 OF 2008 Mahaveer s/o Baliram Ambar (Died) through his L.Rs. 1. Smt. Mandodari Mahaveer Ambar, Age: 52 years, Occu. Agri, R/o: Murum, Tq. Omerga, Dist. Osmanabad. 2. Dhananjay Mahaveer Ambar Age: 26 years, Occu: Agri, R/o: As above. 3. Gajanan Mahaveer Ambar Age: 22 years, Occu. Agri, R/o: As above. 4. Kum. Madhuri Mahaveer Ambar Age: 25 years, Occu. Agri, R/o: As above. …..APPELLANTS (Orig. claimants) VERSUS The State of Maharashtra Through the Collector, Osmanabad. …..RESPONDENT (Orig. Respondent) AND FIRST APPEAL NO. 152 OF 2009 1. Ravindra s/o madhavrao Amber (died) Through Legal representatives 1/1. Kesharbai w/o Ravindra Amber (died) 1/2. Hanmantrao s/o Ravindra Amber (died) Through Legal representative. 2026:BHC-AUG:14217 927-fa-4291-2008+ -2- 1/2/A. Smt. Bhagyashri w/o Hanmantrao Amber Age: 48 years, Occ. Agril and housewife. 1/2/B. Vaibhav S/o Hanmantrao Amber Age: 30 years, Occ. Education. 1/3/C. Manthan s/o Hanmantrao Amber Age: 27 years, Occ. Education. All R/o Murum, Tal. Omerga District: Osmanabad. …..APPELLANTS VERSUS The State of Maharashtra Through the Collector, Osmanabad. …..RESPONDENT AND CROSS OBJECTION ST. NO.5664 OF 2015 Baswaraj s/o Virappa Karbhari Age: 57 years, Occu: Agril, R/o Murum Tq. Omerga Dist. Osmanabad …..CROSS OBJECTOR (Orig. Claimant) VERSUS 1. The State of Maharashtra Through the Collector, Osmanabad. 2. The Executive Engineer, (Medium Project), (Majbutikaran Division) At Omerga, Dist. Osmanabad. …..RESPONDENTS IN FIRST APPEAL NO. 2979 OF 2009 1. The State of Maharashtra Through the Collector, Osmanabad. 927-fa-4291-2008+ -3- 2. The Executive Engineer, (Medium Project), (Majbutikaran Division) At Omerga, Dist. Osmanabad. …..APPELLANTS (Ori. Respondents) VERSUS Baswaraj s/o Virappa Karbhari Age: 57 years, Occu: Agril, R/o Murum Tq. Omerga Dist. Osmanabad …..RESPONDENT (Ori. Claimant) _____________________________________________________________ Mr. G. K. Sontakke and Mrs. P. G Sontakke, Advocates for Appellants in appeal and cross-objection. Mr. D. J. Patil, AGP for Respondent-State _____________________________________________________________ CORAM : SANJAY A. DESHMUKH, J. DATED : 27TH FEBRUARY, 2026 ORAL JUDGMENT :- 1. These appeals are preferred against the judgment and award passed by the learned Land Reference Court, Osmanabad/Dharashiv as per the following chart: Sr. No. First Appeal No./ X-Objection No. L.A.R. No. Block No. Area 1 4291 of 2008 151 of 2004 734/3A 02 H 78 R 2 152 of 2009 468 of 2004 731, 734 and 733 03 H 28 R 02 H 84 R 01 H 40 R 3 5654 of 2015 in FA.2979 of 2009 03 of 1996 727 03 H 30 R 927-fa-4291-2008+ -4- 2. Claimants lands were acquired for the purpose of the Benitura Medium Project, Village Murum, Tugaon and Sundarwadi, by the notification issued and published under Section 4 of the Land Acquisition Act, 1894, dated 21.04.1988. The final award was passed on 21.11.1992. The Land Acquisition Officer has awarded compensation to the claimants land @Rs.14,000/- and 12,000/- per hectare. Learned Reference Court awarded compensation @Rs.36,000/-, 16,000/- and 35,000 per acre for the respective acquired lands of the claimants. 3. Learned Advocate for the appellants submitted that this Court has awarded compensation to the claimants in Cross-Objection No.30 of 2026 and 128 of 2025, by which the claimants were held entitled to an enhanced amount of compensation @90,000/- per acre for seasonally irrigated land, Rs.1,20,000/- for their irrigated acquired lands and Rs.60,000/- for non irrigated lands. 4. Learned AGP for the respondent-State strongly objected the appeals and Cross-Objection of the claimants and prayed to dismiss the same. 5. In view of the reasons given in the judgment dated 19.01.2026, delivered by this Court in Cross-Objection No.30 of 2026 and 128 of 2025, the First Appeal Nos.4291 of 2008, First Appeal No.152 of 2009 and Cross-Objection No.5664 of 2015 deserve to be 927-fa-4291-2008+ -5- allowed. First Appeal No.2979 of 2009 deserves to be dismissed. Impugned judgment and award deserves to be set aside partly. Hence, the following order: ORDER a. First Appeal No.4291 of 2008, First Appeal No.152 of 2009 and Cross-Objection No.5664 of 2015 are allowed. b. Impugned judgment and award are partly set aside and modified as under: i. Claimants in First Appeal No.4291 of 2008 and First Appeal No.152 of 2009 are entitled for enhanced amount of compensation @Rs.1,20,000/- per acre for their irrigated acquired lands and claimant in Cross objection No.5664 of 2015 is entitled to the compensation @Rs.60,000/- per acre for non irrigated lands, respectively, with all the statutory benefits i.e. solatium, interest and components, etc. c. The claimants in First Appeals and in Cross Objection are entitled for the interest at the rate of 9% per annum from the date of notification i.e. 24.04.1988 and 29.12.1987, in the respective matters, for a period of one year and thereafter till passing of the award i.e.21.11.1992, at the rate of 15% per annum. d. It is clarified that delay caused for filing the First Appeals and Cross Objection which was condoned by this Court on the condition that the claimants shall 927-fa-4291-2008+ -6- not claim the interest for the delayed period. Therefore, the claimants are not entitled for statutory benefits i.e. solatium, interest and component, etc. for the delayed period. e. The State Government is directed to deposit the enhanced amount of compensation within 12 weeks from today with accrued interest in this Court. f. The claimants shall deposit the amount of deficit Court fees, if any. g. The Record and Proceedings be sent back to the Trial Court. (SANJAY A. DESHMUKH, J.) Rushikesh/2026