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2021 DAILYLAW 2104 (BOM)

THE STATE OF MAHARASHTRA AND ANR v. SHRIMANT MADHAV BABAR

FA/2983/2021 · 2026-07-27

Shri Neeraj P Dhote

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

19-Five Appeals.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 19 FIRST APPEAL NO. 2982 OF 2021 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants VERSUS Kaushalya Raghu Mule …..Respondent …. WITH X-OBJECTION NO. 241 OF 2026 IN FA/2982/2021 Kaushalya Raghu Mule ..… Appellant VERSUS The State Of Maharashtra, Through Collector, Osmanabad And Anr. …. Respondents …. AND FIRST APPEAL NO.2985 OF 2021 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants VERSUS Nagu Narayan Ghodke (Died) Through His LRs Rajendra Nagu Ghodke and Ors. …..Respondents …. WITH X-OBJECTION NO.240 OF 2026 IN FA/2985/2021 Nagu Narayan Ghodke (Died) Through His LRs Rajendra Nagu Ghodke and Ors. ..… Appellants VERSUS The State Of Maharashtra, Through Collector, Osmanabad And Anr. …. Respondents ….. 1 2026:BHC-AUG:31643 19-Five Appeals.odt AND FIRST APPEAL NO.2984 OF 2021 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants VERSUS Madhukar Kashinath Babar …..Respondent …. WITH X-OBJECTION NO.247 OF 2026 IN FA/2984/2021 Madhukar Kashinath Babar ..… Appellant VERSUS The State Of Maharashtra, Through Collector, Osmanabad and Anr. …. Respondents …. AND FIRST APPEAL NO.2983 OF 2021 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants VERSUS Shrimant Madhav Babar …..Respondent …. WITH X-OBJECTION NO.245 OF 2026 IN FA/2983/2021 Shrimant Madhav Babar ..… Appellant VERSUS The State of Maharashtra Through The Collector, Osmanabad and Anr. …. Respondents …. AND FIRST APPEAL NO.2981 OF 2021 The State of Maharashtra Through The Collector, Osmanabad and Anr. ….Appellants 2 19-Five Appeals.odt VERSUS Kisan Pandurang Kamble Died Through LRs Chitrika Kisan Kamble and Ors. …..Respondents …. WITH X-OBJECTION NO.243 OF 2026 IN FA/2981/2021 Kisan Pandurang Kamble Died Through LRs Chitrika Kisan Kamble and Ors. ..… Appellants VERSUS The State of Maharashtra Through The Collector, Osmanabad and Anr. …. Respondents …. ALONG WITH CIVIL APPLICATION NO. 7970 OF 2019 IN FA/2982/2021 CIVIL APPLICATION NO. 7976 OF 2019 IN FA/2985/2021 CIVIL APPLICATION NO. 7974 OF 2019 IN FA/2984/2021 CIVIL APPLICATION NO. 7972 OF 2019 IN FA/2983/2021 CIVIL APPLICATION NO. 7978 OF 2019 IN FA/2981/2021 ______________________________________________________________ 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 FINAL ORDER : 1. As these Appeals which are filed by the State and Cross- objections by the Claimants arise out of the common Judgment and Award dated 16.12.2010, passed by the learned Civil Judge, Senior Division, Umerga, in Land Acquisition Reference (LAR) Nos.324/2005, 454/2005, 424/2005, 620/2005 and 1047/2005, and common submissions are advanced, they are decided by this common order. 3 19-Five Appeals.odt 2. Heard the learned AGP for the State and the learned Advocate for the Claimants. 3. The Claimants’ lands situated at village – Salegaon, Taluka – Omerga, District – Osmanabad, came to be acquired for the purpose of Rehabilitation of Earthquake-affected Persons. Section 4 notification was issued on 24.02.1994, and the Award came to be declared on 04.07.1996. The Special Land Acquisition Officer (for short ‘the SLAO’) awarded the compensation within the range of Rs.15,500/- per hectare to Rs.20,000/- per hectare. The Claimants preferred the above-referred reference applications, and the learned Reference Court enhanced the compensation for Rs.96,400/- per hectare, i.e. Rs.964/- per R. 4. It is submitted by the learned Advocate for the Claimants that, the connected Appeals arising out of the same acquisition proceedings undertaken for the same project have enhanced the compensation to Rs.20/- per sq. ft. He tenders across the bar copies of the order dated 11.03.2026 passed by this Court in a group of Appeals, one of which was First Appeal No.2367/2021, and the order dated 26.03.2026 passed by this Court in a group of First Appeals, one of which was First Appeal No.629/2012. The same are taken on record and marked as ‘Exhibit – 1’ for identification. He submits that, on the ground of parity, the same rate be awarded to the Claimants. 5. It is submitted by the learned AGP for the State that, the lands of the present Claimants were situated in Villages – 4 19-Five Appeals.odt Salegaon and Kaldeo Nimbala. He does not dispute the aforesaid orders by this Court in the Appeals arising out of the acquisition proceedings for the same project. 6. Perusal of the said orders of this Court goes to show that, the lands were acquired for the purpose of Rehabilitation of Earthquake-affected Persons from village – Salegaon. The acquired lands in the said proceedings were from villages – Koral and Salegaon. The lands of the Claimants in these Appeals are from village – Salegaon. The acquisition is for the same purpose. There is observation, in the order dated 11.03.2026 in First Appeal No.2367/2021 that the map, which was on record, and the Judgment of the learned Reference Court indicated that, the villages – Koral, Salegaon and Tawashigad are the adjoining villages. The said rate for Rs.20/- per sq. ft. is awarded to the similarly placed Claimants in the aforesaid Appeals. These being undisputed factual aspects of the matters, the Claimants herein would be entitled for the same rate of compensation, i.e. 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. 5 19-Five Appeals.odt [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. [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