909-FA-212-2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 FIRST APPEAL NO. 212 OF 2010 Murlidhar Dattatraya Deshmukh Died Thr Lrs Prema And Others VERSUS The State Of Mah Through Collector At Osmanabad WITH FIRST APPEAL NO. 214 OF 2010 Eknath Shankar Jadhav Died Thr Lrs Laxmi And Anr VERSUS The State Of Mah Through Collector At Osmanabad WITH FIRST APPEAL NO. 1830 OF 2012 Pandurang Bhagwat Deshmukh And Anr. VERSUS State Of Maharashtra, Thrus Collector,osmanabad. WITH FIRST APPEAL NO. 213 OF 2010 Devdatta Krushna Patil VERSUS The State Of Mah Through Collector At Osmanabad ... Mr. A. M. Hajare for the Appellant in FA/212/2010, FA/214/2010, FA/213/2010. S. A. Wakure for the Appellant in FA/1830/2012. Mr. D. R. Korde, AGP for State. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 6 AUGUST 2026 P. C.: 1. As the acquisition proceeding is of the year 1986, the Appeals are being heard finally with the consent of the learned counsel for the respective Shubham 2026:BHC-AUG:36483 909-FA-212-2010.doc parties. 2. In First Appeal No.1830 of 2012, the claimants are assailing the award dated 24th September 1997, passed by 2nd Jt. CJSD, Osmanabad in LAR No.551 of 1991 whereby enhanced compensation came to be granted. Whereas in remaining First Appeals, the claimants are assailing the award dated 5th January 2007, passed by CJSD Osmanabad in LAR Nos.556, 557 and 558 of 1991 whereby enhanced compensation came to be granted to the claimants. 3. As all these Appeals arise out of same acquisition proceeding and same project, the same are being heard together, though the award in First Appeal No.1830 of 2012 was passed prior to the award passed in remaining First Appeals. 4. The land of the claimants were acquired for the purpose of minor irrigation tank at village Pimpla (Bk.). The notification under Section 4 was published on 6th August 1986, notification under Section 6 was published on 13th August 1987. The notices under Section 12(2) were issued on 20th April 1988 and served on 25th April 1988. The LAO awarded compensation @Rs.4000/- per hectare. The claimants claimed compensation @Rs.25,000/- per hectare, the learned Reference Court enhanced the same to Rs.20,000/- per hectare. 5. The learned counsel for the respective claimants submit that the claimants had relied upon sale instances filed below Exhs.73 and 74 dated Shubham 909-FA-212-2010.doc 6th September 1985 and 11th April 1984 which were more than one year prior to the date of notification under Section 4. While determining market value of the acquired lands based upon these sale instances, the learned Reference Court failed to grant escalation for the intervening period between dates of sale instances and date of notification. Learned counsel submit that 10% escalation per year ought to have been granted for the intervening period. Therefore, they prayed for granting 10% escalation per year. 6. Per contra, learned AGP for the Respondent-State opposes the prayer for escalation by contending that the learned Reference Court has rightly granted compensation and there is no need to enhance the same by granting escalation of 10%. He submits that the learned Reference Court has already considered the relevant sale instances while determining the market value of the acquired land including the issue of escalation. Once the escalation has not been granted by the learned Reference Court it must be presumed that the same has been refused. Hence, he prays to dismiss the First Appeals. 7. Having heard rival submissions of the learned counsel and upon perusal of record it is clear that the learned Reference Court has relied upon sale instances below Exhs.73 and 74 dated 6th September 1985 and 11th April 1984 which were prior to the date of notification under Section 4 i.e. 7th August 1986. The land in sale instance below Exh.74 was situated in different village, therefore the same cannot be considered for determining Shubham 909-FA-212-2010.doc the market value of the acquired land. 39R land in sale instance below Exh.73 was sold for Rs.10,000/-, whereby market value would come to Rs.256/- per R. The said sale instance is one year prior to the date of notification under Section 4. Therefore, in my opinion, 10% escalation for one year must be granted, whereby the market value would come to Rs.281/- per R. Therefore, I am inclined to grant compensation @Rs.281/- per R for dry lands in all these Appeals. 8. The land in First Appeal No.1830 of 2012 is acquired for the same project. Thus, similar rate must be granted to the acquired land therein. Hence, I pass the following order:- O R D E R i. The First Appeals are partly allowed. ii. The claimants are entitled to compensation @Rs.281/- per R for the acquired dry lands and to that extent impugned award stands modified. iii. Rest of the award passed by the learned Reference Court stands confirmed. iv. Modified award be drawn accordingly. v. Deficit Court fee be paid. vi. Pending Civil Applications, if any, stand disposed of. [SIDDHESHWAR S. THOMBRE, J.] Shubham