19-Three Appeals.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 19 FIRST APPEAL NO.1268 OF 2021 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants VERSUS Yashwant S/o Govind Dalal …..Respondent …. WITH X-OBJECTION NO.242 OF 2026 IN FA/1268/2021 Yashwant S/o Govind Dalal ..… Appellant VERSUS The State of Maharashtra Through The Collector, Osmanabad and Anr. …. Respondents …. AND FIRST APPEAL NO.1269 OF 2021 The State of Maharashtra Through Collector, Osmanabad and Anr. ….Appellants VERSUS Malhari Shankar Waghmare (Died) Through Legal Heirs 1) Kalawati Malhari Waghmare and Ors. …..Respondents …. WITH X-OBJECTION NO.244 OF 2026 IN FA/1269/2021 Malhari Shankar Waghmare (Died) Through Legal Heirs 1) Kalawati Malhari Waghmare and Ors. ..… Appellants VERSUS The State Of Maharashtra, Through Collector, Osmanabad And Anr. …. Respondents ….. 1 2026:BHC-AUG:31630 19-Three Appeals.odt AND FIRST APPEAL NO.1341 OF 2023 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants VERSUS Hariba S/o Yada Dalal Died Through LRs. 1) Santosh s/o Hariba Dalal and Anr. …..Respondents …. WITH X-OBJECTION NO.246 OF 2026 IN FA/1341/2023 Hariba S/o Yada Dalal Died Through LRs. 1) Santosh s/o Hariba Dalal and Anr. ..… Appellants VERSUS The State Of Maharashtra, Through Collector, Osmanabad and Anr. …. Respondents …. ALONG WITH CIVIL APPLICATION NO. 3579 OF 2021 IN FA/12681/2021 _____________________________________________________________ Appearance in all matters :- Mr. K. N. Lokhande, AGP for the Appellants – State Mr. V. V. Ingale, Advocate for the Respondents / Claimants ______________________________________________________________ CORAM : NEERAJ P. DHOTE, J. DATE : 27.07.2026 COMMON ORDER : 1. All these Appeals arise out of common Judgment dated 17.06.2014, passed by the learned Jt. Civil Judge Senior Division, Omerga, in Land Acquisition Reference (LAR) Nos.625/2005, 440/2005 and 456/2005. As common submissions are advanced, these Appeals by the State and the Cross-objections by the Claimants are decided by this common order. 2 19-Three Appeals.odt 2. Heard the learned AGP for the State and the learned Advocate for the Claimants. 3. The Claimants’ lands situated at village – Udatpur, Taluka – Lohara, District – Osmanabad, is acquired for the purpose of ‘Rehabilitation of Earthquake-affected Persons’. Section 4 notification was issued on 07.04.1994 and the Award was declared on 23.07.1996. The Special Land Acquisition Officer (for short ‘the SLA’) awarded the compensation @ Rs.17,300/- per hectare. The learned Reference Court enhanced the same to Rs.4000/- per R. The State as well as the Claimants have preferred the Appeals. 4. According to the learned Advocate for the Claimants, this Court has decided the Appeals, wherein the lands from different village were acquired for the self-same project and this Court enhanced the rate to Rs.20/- per sq. ft. He tenders across the bar copies of the order dated 16.12.2025 in First Appeal No.2539/2021, the order dated 11.03.2026 in a group of First Appeals, out of which one was First Appeal No.2367/2021 and the order dated 15.06.2026 in First Appeal No.12/2018 in support of his contentions. The same are taken on record and marked as ‘Exhibit – 1’ for identification. He submits that, the Claimants be awarded the same rate on the ground of parity. 4. It is submitted by the learned AGP for the State that, Section 4 notification in those First Appeals, which are decided by this Court, were issued on different dates and different awards came to be passed, and therefore no parity would be available to the Claimants. He further submits that, the SLAO considered the sale 3 19-Three Appeals.odt instance from the same village and had rightly determined the rate of compensation. The lands of the present Claimants situated in village – Udatpur and the lands, which were the subject matter of the acquisition in the said Appeals, were situated in different villages. He submits that, the Appeals of the State be allowed and the Cross-objections of the Claimants be dismissed. 6. Perusal of the said orders of this Court goes to show that, the lands, which were the subject matter of those Appeals, were acquired for the same purpose, i.e. Rehabilitation of Earthquake- affected Person. The lands in those Appeals were situated in village – Sastur, Tawashigad, Koral and Salegaon. In the order dated 11.03.2026, there is observation in Paragraph No.6 that, Village – Tawashigad is adjoining to the villages – Koral and Salegaon. The learned Advocate for the Claimants has placed on record the copy of communication dated 15.06.2026 issued by the Sub-Divisional Engineer, Zilla Parishad, Dharashiv to show that, the distance between village – Tawashigad and Udatpur was one and half (1 ½) kilometer. 7. In view of the above material on record, it is clear that, the village, wherein the Claimants’ lands were situated, was the adjoining village to the villages from where the lands were acquired for the same project. It would not be out of place to reproduce the observation in Paragraph No.5 from the order dated 16.12.2025 in First Appeal No.2539/2021, which reads as under : “5. I have considered rival submissions of the parties. For the self- same purpose, the lands from different villages have been acquired. In the present case, it was acquired from village Tawashigad. I am guided by law laid down by Supreme Court in the matter of Ali Mohammed Beigh and others Vs. State of J. & K. [AIR 2017 4 19-Three Appeals.odt SC 1518] and Ningappa Thotappa Angadi (Dead) through Legal Representatives Vs. Special Land Acquisition Officer and another [(2002) 19 Supreme Court Cases 599] as well as Hanmabai w/o Iranna Patil (Deceased Through her LR’s) Dattatraya Patil Vs. State of Maharashtra & another [2009 (4) Mh.L.J.]. It is rightly pointed out that the acquiring body had decided not to prefer appeal in the matter granting rate of Rs.20/- per Sq. Ft. It would be discriminatory to deprive the present appellants from the same rate. There is consistent view taken by the Co-ordinate Benches in awarding the rate. It is desirable to allow first appeal partly.” 8. In view of the above undisputed factual aspects of the matters, the Claimants would be entitled for the same rate of compensation @ Rs.20/- per sq. ft. on the ground of parity. Hence, the following order : ORDER [a] The Appeals filed by the State are dismissed. [b] The Cross-objections filed by the Claimants are partly allowed. [c] The Claimants shall be entitled for the enhanced compensation @ Rs.20/- per sq. ft. [d] The Claimants shall not be entitled for the interest and statutory benefits for the delayed period. [e] The Claimants shall pay the deficit court fee. [f] The Award passed by the learned Reference Court stands modified to the above extent. [g] The amount deposited by the State in this Court is permitted to be withdrawn along with interest accrued thereon. 5 19-Three Appeals.odt [h] The Record and Proceeding (R & P) be sent back to the learned Reference Court. [i] Pending Civil Applications, if any, stand disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/July-2026 6