44 FA NO. 1282 OF 2015.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 44 FIRST APPEAL NO. 1282 OF 2015 Suresh Shamrao Patil Deceased Through Lrs Padmabai Suresh Patil And Ors VERSUS The State Of Maharashtra And Ors ... Mr. Kale Ajeet B., Advocate for Appellants Mr. D. J. Patil, AGP for Respondents/State Mr. Vivek V. Tarde, Advocate for Respondent No.3 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 04.03.2026 PER COURT :- 1. This appeal is preferred against the judgment and award dated 29.04.2005 passed by the learned Land Reference Court, Jalgaon in L.A.R. No.1481 of 2005 (Old L.A.R. No.49 of 2003). 2. Learned advocate for the appellant pointed out judgment delivered by this Court in First Appeal Nos.2846 of 2024 and 1695 of 2025 dated 19.09.2025, wherein compensation for the acquired irrigated land under the one and same project and the same notification was determined @ Rs.4,00,000/- per hectare. He submitted that the claimants’ acquired lands were irrigated, non-irrigated and potkharab lands. Accordingly, 1 of 4 (( 2 )) 44 FA NO. 1282 OF 2015 compensation @ Rs.4,00,000/- per hectare for irrigated land, Rs.2,00,000/- per hectare for non-irrigated land and Rs.1,00,000/- per hectare for potkharab land be awarded. He submits that the claimants are entitled to the same rate of compensation on the principle of parity. 3. Learned AGP for the State and the learned advocate for respondent No.3 strongly opposed the appeal and submitted that the compensation cannot be awarded on the principle of parity. They submitted to dismiss the appeal. 4. On perusal of the impugned judgment and in view of the earlier judgment passed by this Court in respect of the same project and the same notification, and considering the principle of parity, the claimants are entitled to the same rate of compensation. The appeal deserves to be allowed. The impugned judgment and award deserves to be set aside. Hence, the following order: ::ORDER:: I. The First Appeal is partly allowed. II. The impugned judgment and award is set aside and modified as under. (a) The claimants are entitled to compensation as per the 2 of 4 (( 3 )) 44 FA NO. 1282 OF 2015 following chart, along with all statutory benefits like interest, component and solatium etc., as per the Provisions of the Land Acquisition Act, 1894. Block No. Nature of land Acquired area Claimants are entitled to Compensation @ Rs. per hectare Block No.14 Irrigated land 2 H 43 Are Rs.4,00,000/- Block No.15 Irrigated land 1 H 04 Are Rs.4,00,000/- Block No.15 Potkharab land 38 Are Rs.1,00,000/- Block No.228 Irrigated land 5 H 88 Are Rs.4,00,000/- Block No.228 Potkharab land 19 Are Rs.1,00,000/- Block No.152 Irrigated land 2 H 46 Are Rs.4,00,000/- Block No.152 Potkharab land 17 Are Rs.1,00,000/- Block No.155 Non-irrigated 1 H 82 Are Rs.2,00,000/- Block No.155 Potkharab land 1 H 60 Are Rs.1,00,000/- Block No.21 Non-irrigated 3 H 14 Are Rs.2,00,000/- Block No.21 Potkharab land 35 Are Rs.1,00,000/- III. As far as trees are concerned, claimants are entitled to receive compensation to the extent of 80% amount of valuation report. IV. It is clarified that the appellants / claimants are not entitled to the interest for the period of delay, if any, condoned by this Court. V. The respondent-Acquiring Authority is directed to deposit the enhanced amount of compensation along with all 3 of 4 (( 4 )) 44 FA NO. 1282 OF 2015 statutory benefits like interest, component and solatium etc., within six months. VI. If court fee is not sufficiently paid, the appellants shall pay deficit court fee. On receiving the same, the enhanced amount of compensation be paid to the claimants. VII. Award be drawn up accordingly. VIII. Pending civil applications, if any, are disposed of. IX. Record and Proceedings be sent back. [ SANJAY A. DESHMUKH, J. ] HRJadhav 4 of 4