1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.3783 OF 2023 1] The Executive Engineer, Minor Irrigation Division, Osmanabad, through Godawari Marathwada irrigation Development Corporation, Aurangabad 2] The State of Maharashtra … Appellants Through Collector, Osmanabad (Orig. Respondents) Versus Fulchand Maruti Dhole Age : 58 years, Occu : Agri, R/o. Patoda, Tal. Osmanabad, … Respondent Dist. Osmanabad (Orig. Claimant) ….. Shri. Arvind N. Gaddime, Advocate for the Appellants Shri. V. V. Ingale, Advocate for the Respondent ….. WITH CIVIL APPLICATION NO.2822 OF 2017 IN FIRST APPEAL NO.3783 OF 2023 ….. AND X OBJECTION (ST) NO.15701 OF 2024 IN FIRST APPEAL NO.3783 OF 2023 Fulchand Maruti Dhole Age : 58 years, Occu : Agri, R/o. Patoda, Tal. & Dist. Osmanabad … Appellant (Respt in FA) Versus 1] The Executive Engineer, Minor Irrigation Division, Osmanabad, Dist. Osmanabad through Godawari Marathwada irrigation Development Corporation, Aurangabad 2026:BHC-AUG:42047 2 2] The State of Maharashtra Through Collector, Osmanabad .. Respondents (Orig. Appellants in FA) ….. Shri. V. V. Ingale, Advocate for the Appellant Shri. Arvind N. Gaddime, Advocate for the Respondents …… CORAM : AJIT B. KADETHANKAR, J. Dated : SEPTEMBER 07, 2026 FINAL ORDER :- 1. This is an Appeal under Section 54 of the Land Acquisition Act, 1894 (for short, ‘L.A. Act’) preferred by the Acquiring Body against the Judgment and Award dated 18.12.2012 passed by the learned 3rd Jt. Civil Judge Senior Division, Osmanabad, (hereinafter referred to as the ‘Reference Court’) in Land Acquisition Reference No.701/2002. 2. The Claimant – Cross objector has filed Cross-objection for enhancement in the compensation determined by the Reference Court. 3. Suffice it to note that, the land of the Claimant was Bagayat land. The Reference Court granted compensation @ Rs.1,500/- per R towards enhancement. The said enhancement is under challenge in the present First Appeal. 4. When the matter is taken up for hearing Shri. Gaddime, the learned Advocate for the Acquiring Body and Shri. Ingle, the learned Advocate for the Claimant place on record copy of the Judgment and 3 order dated 27.07.2026 passed by this Court in bunch of First Appeals led by First Appeal No.770 of 2013. 5. It is pointed out by Shri. Ingle, the learned Advocate for the Claimant that the cited matters arose out of the same land acquisition proceedings. He submits that after considering the earlier orders cited by the parties, this Court held that the Bagayat land holders entitled for compensation @ Rs.3000/- per R. He further submits that the present matter is also covered by the said Judgment and order. He submits that the Cross-objection may accordingly be allowed by enhancing the compensation to Rs.3000/- per R and First Appeal preferred by the Acquiring Body be dismissed. 6. Shri Gaddime, the learned Advocate for the Acquiring Body fairly accepts that the subject matter of the cited First Appeals arise out of the same acquisition proceedings, which is subject matter of present Appeal. 7. On a specific query, it is agreed by the learned Advocate for the Acquiring Body that the Claimant’s land falls under the category of Bagayat land and it would fetch correct valuation @ Rs.3000/- per R in view of the cited order. 8. Having regard to the aforesaid, I pass the following order. 4 ORDER [A] The First Appeal stands dismissed. [B](i) The Cross-objection is allowed. (ii) The Claimant – Cross objector is entitled to compensation at the rate of Rs.3,000/- (Rupees Three Thousand only) per R for his Bagayat land. (iii) The Claimant shall be entitled to interest under Sections 28 and 34 of the L.A. Act in terms of law laid down by Full Bench of this Court in the case of State of Maharashtra Vs. Kailash Shiva Rangari. 2016 AIR (Bom.) 141. (iv) The Claimant shall not be entitled to interest and statutory benefit for delayed period. (v) Save and except above, impugned Judgment and Award passed by Reference Court shall stand unaltered. (vi) The Acquiring Body shall deposit the enhanced compensation with accrued interest and in above terms in this Court within Six (6) Months. Upon deposit, the Claimant shall be entitled to withdraw the same with accrued interest, subject to payment of deficit Court fees. (vii) Needless to mention that after calculating the interest as per the Kailash Shiva Rangari’s (supra) case the excess amount, if any, shall be returned to the Acquiring Body along with interest. 5 (viii) The Record and Proceedings be sent back to Reference Court. (ix) Award be drawn up accordingly. [C] Pending Civil Application, if any, stands disposed of. ( AJIT B. KADETHANKAR, J. ) GGP