17-FA-4628-2017.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 17 FIRST APPEAL NO. 4628 OF 2017 The State Of Maharashtra And Another VERSUS Mahadu Bali Chaugule …… Mr. A.M Phule, AGP for Appellant-State Ms. L.R. Thakur, Advocate h/f Mr. L.C. Patil, Advocate for Respondents No.1A to 1D …... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29 AUGUST, 2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. By the present appeal, the appellants-State has challenged the Judgment and Award dated 09.04.2010 passed by the learned Joint Civil Judge, Senior Division, Omerga, in Land Acquisition Reference No.406 of 2009 (Old L.A.R. No.142 of 1995). 3. The lands belonging to the claimants, admeasuring 1 Hectare 01 R from Survey Nos.61/73/4A and 73/4D respectively, situated at village Tugaon, Taluka Omerga, District Osmanabad, came to be acquired for the Benitura Medium Project by issuance of a notification under Section 4 of the Land Acquisition Act, 1894. The Special Land Acquisition Officer passed the Award under Section 11 of the Act and awarded compensation at the rate of Rs.14,000/- per Hectare for the acquired land. The claimants received the 2026:BHC-AUG:39523 17-FA-4628-2017.odt 2 said amount under protest, reserving their right to seek enhancement in the compensation. 4. Dissatisfied with the Award, the claimants sought a reference under Section 18 of the Act, which came to be registered as Land Acquisition Reference No.406 of 2009 (Old L.A.R. No.142 of 1995). The learned Reference Court enhanced the market value to Rs.40,000/- per Acre and also awarded separate compensation towards pipeline and fruit-bearing trees. Being dissatisfied with the compensation so awarded, the appellant- State has preferred the present appeal. 5. Learned counsel appearing for the respondents-claimants submits that this Court has already considered the issue of determination of compensation in respect of the same project, namely, Benitura Medium Project, in First Appeal No.2102 of 2010 and connected matters, preferred by the claimants therein. By order dated 07.04.2026, this Court has enhanced the compensation and determined the market value at the rate of Rs.1,20,000/- per Acre for irrigated land. It is further submitted that the appeals preferred by the State therein were dismissed. Learned counsel, therefore, submits that the present appeal may also be disposed of in terms of the said order. Learned AGP appearing for the appellant-State fairly concedes the aforesaid position. 17-FA-4628-2017.odt 3 6. In view of the aforesaid decision governing the same project and the market value determined therein, no separate or contrary view is warranted in the present appeal. 7. The First Appeal filed by the appellant-State is, therefore, dismissed. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane