1 923FA3512.2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 923 FIRST APPEAL NO. 3512 OF 2019 Dnyanoba s/o Bhimrao Pawar Age : 60 years, Occu: Agri, R/o. Babalsur, Tq. Omerga, Dist. Osmanabad. ...Appellant [Ori. Claimant] VERSUS The State Of Maharashtra & Anr. ...Respondents ... Mr. Vivekanand V. Ingale - Advocate for Appellant Mr. K. N. Lokhande - AGP for the State ... CORAM : NEERAJ P. DHOTE, J. DATED : 07TH JULY 2026 FINAL ORDER : - 1. This appeal under Section 54 of the Land Acquisition Act, 1894 [hereinafter referred to as ‘LA Act’], is preferred by the claimant seeking further enhancement of the compensation awarded for his land admeasuring 01 Hectare 21 Ares from Block No. 147, situated at Village Babalsur, Taluka Omerga. 2. The aforesaid land came to be acquired for the purpose of the Rehabilitation of Persons Affected by the Earthquake. The Notification under Section 4 of the LA Act was issued on 07.07.1994, and the Award was passed on 02.08.1996. The Special Land Acquisition Officer determined the market value at the rate of Rs. 175/- per Are. 2026:BHC-AUG:27030 2 923FA3512.2019.odt 3. The claimant preferred L.A.R. No. 279 of 2011 seeking enhancement of the compensation. He led the evidence before the learned Reference Court. Upon considering the evidence on record, the learned Reference Court, by its Judgment and Award dated 07.07.2014, determined the market value at the rate of Rs. 5,000/- per R and awarded the statutory benefits. 4. It is submitted by the learned Advocate for the Claimant/Appellant that this Court, in the connected First Appeals No.1323 of 2010 and 12 of 2018, decided on 20.02.2026 and 15.06.2026, respectively, determined the market value at the rate of Rs.20/- per sq.ft. in respect of land acquired under the same notification, for the same project, and from the same village. He tenders across the bar copies of the said orders, which are taken on record and marked as 'Exhibit-1 and Exhibit-2'. He submits that, on the ground of parity, the claimant is entitled to compensation at the same rate. 5. It is submitted by the learned AGP for the State that, the learned Reference Court rightly concluded that the land belonging to the claimant and the land involved in the said First Appeals were distinct. The Special Land Acquisition Officer considered all the relevant aspects of the matter and determined reasonable compensation, therefore, no 3 923FA3512.2019.odt interference is called for. However, he does not dispute the above- referred orders passed by this Court in the connected appeals. 6. Perusal of the said orders shows that, the First Appeals No. 1323 of 2010 and 12 of 2018 were decided by this Court on 20.02.2026 and 15.06.2026, respectively, and the aforesaid orders were passed on the ground of parity and enhanced the rate to the extent of Rs. 20/- per Sq.ft. Undisputedly, the land involved in the present case and the land which was the subject matter of the said First Appeals were situated in the adjoining villages and were acquired for the same purpose under the very same Notification. A copy of the E-statement also supports this aspect. I find no merit in the submission of the learned AGP that parity would not be available merely because the lands were from different villages, as the lands are acquired for the same project. Under such facts and circumstances of the matter, the appellant is entitled to the above rate on the ground of parity. ORDER [i] The First Appeal is partly allowed. [ii] The Appellant is entitled to receive rate of Rs. 20/- per square feet for the acquired land. [iii] The Appellant shall be entitled to interest under Sections 28 and 34 of the LA Act as payable from the date of final Award as per the Judgment in State of Maharashtra v. Kailash Shiva Rangari, AIR 2016 Bom 141. 4 923FA3512.2019.odt [iv] Save and except above modification, impugned judgment and award shall stand unaltered. [v] The Appellant shall not be entitled to receive interest and statutory benefits for the delayed period. [vi] The Appellant shall pay the deficit court fees. [vii] Award be drawn up accordingly. [NEERAJ P. DHOTE] JUDGE SG Punde