1 21) FA 125-2015-J.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 125 OF 20 15 [1. Ashabai w/o Khushalrao Pandao, Aged about 68 years, Occupation: Household,] LR's brought on record. LR’s of Appellant No. 1. 1-A. Mr. Dipak S/o Khushalrao Pandav, Aged about 66 years, Occ - Agriculturist, R/o Dongar Yawali, Tah - Morshi, District-Amravati. 1-B. Mr. Sanjay Khushalrao Pandav, Aged about 62 years, Occ - Agriculturist, R/o Dongar Yawali, Tah - Morshi, District - Amravati. 1-C. Sau. Padmaja Vijay Mamankar, Aged about 64 years, Occ - Household, R/o Dongar Yawali, Tah - Morshi, District – Amravati. 2. Sau. Ujjwala w/o Sanjay Pandao, Aged about 36 years, Occu: Agriculturist & Household, Both R/o Dongar Yawali, Tq. Morshi, Distt. Amravati ... Appellants .. Versus .. 1. State of Maharashtra through the Collector Amravati, Dist Amravati 2. Special Land Acquisition Officer, Minor Irrigation Works Amravati, Collector's Compound Amravati. Amendment carried out as per Hon’ble Court Order Dated 25.11.2025 2026:BHC-NAG:1771 2 21) FA 125-2015-J.odt 3. The Executive Engineer, Minor Irrigation Works, Amravati. ...Respondents ------------------------------------------------------------------------------- Shri Uday Changle, Advocate h/f. Shri Anand Parchure, Advocate for appellants. Shri U.R.Phasate AGP for respondent(s)/State. ------------------------------------------------------------------------------- CORAM : NEERAJ P. DHOTE, J. DATE : 0 2 /02/2026 ORAL JUDGMENT Heard learned Advocate for the Appellants and learned APP for Respondent(s)/State. Perused the papers on record. 2. This is an Appeal under Section 54 of the Land Acquisition Act for enhancement in the compensation towards the acquired land and the trees in the acquired land. 3. The learned Reference Court decided the Reference vide the judgment and award dated 07/10/2014 in Reference/LAC No. 310/2006 filed by the Appellants. The operative order of the said judgment and award reads as under:- “1.The reference is partly allowed with proportionate costs. 2. The petitioners are entitled to get the enhanced compensation towards lands and orange trees of their respective Gat Nos. as under: 3 21) FA 125-2015-J.odt Name Filed Gat No. Area of land Number of orange trees Compensation for land (+) Compensation for trees = Total enhanced Compensation for land and trees. Petitioner Ashatai 30/1 Deferred area 01H 56R 470 (Rs. 10,746/- (+) Rs. 2,41,486)= Rs. 2,52,232/- Petitioner Ujjwala Deferred area 00H 75R 201 (Rs. 5,484/- (+) Rs. 1,03,273/-)= Rs. 1,08,757/- 3. The respondents shall pay 30% solatium on the enhanced amount under section 23(2) of the Act, and component at the rate of 12% per annum on the enhanced compensation under section 23(1) of the Act, from the date of notification under section 4 of the Act dated 09.02.2001 till the date of declaration of award i.e. 08.08.2003. 4. The respondents do pay interest on the aforesaid amount @ 9% p.a. for the first year from the date of award i.e. from 08.08.2003 and thereafter @ 15% p.a. till the realization of amount under Section 28 of the Act. 5. Award and bill of costs be prepared accordingly.” 4. There is no dispute that, the two lands of the Appellants, admeasuring 01H 56R and 75R, situated at village Ghoddeo, District Amravati, were acquired for the purpose of Minor Irrigation Project at village Ghoddeo. The award came to be passed by the S.L.A.O. on 08/08/2003, which came to be revised on 05/02/2004. 4 21) FA 125-2015-J.odt 5. The learned Advocate for the Appellants relies on the judgment of this Court dated 12/12/2025 passed in First Appeal No. 52/2013, filed by the similarly placed Claimants whose land was acquired for the very same project by the very same notification. The learned Advocate submits that, the Appellants are not claiming enhancement in the compensation towards the land and restricts the Appeal to the extent of compensation for trees. He has invited my attention to the observations of this Court in the said judgment, by which, five (5) years old trees were granted compensation @ Rs. 4044.48 per tree. He submits that, the same rate be awarded. 6. The learned APP for the State, on going through the said judgment, submits that, this Court has passed the said judgment in the connected Appeal. 7. As there is no dispute that, the aforesaid Appeal decided by this Court arise out of the same notification and the same acquisition proceedings and the Appellants herein are restricting their claims for enhancement in the compensation for the trees of the acquired land, the Appellants would be entitled for the same rate for the trees on the ground of parity. Hence, the following order:- 5 21) FA 125-2015-J.odt ORDER I) The Appeal is partly allowed. II) The claim for enhancement in the compensation in respect of acquired land is dismissed, as not pressed. III) The Appellants shall be entitled for the compensation towards the trees on the acquired land @ Rs. 4044.48 per tree. IV) The impugned award stands modified to the above extent only. V) It is needless to state that, the statutory benefits shall be computed accordingly. [NEERAJ P. DHOTE, J.] B.T.K.