69-FA-2003-2010.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 69 FIRST APPEAL NO. 2003 OF 2010 State Of Maharashtra VERSUS Jaiprakash Wamanrao Salgare AND CIVIL APPLICATION NO. 8491 OF 2026 IN X-OBJST/23686/2026 Jaiprakash Wamanrao Salgare. VERSUS The State Of Maharashtra, Through The Collector, Osmanabad. …… Mr. D.R. Korde, AGP for Appellant-State Mr. S.B. Choudhari, Advocate for Applicant-Claimant …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT : ORDER IN CIVIL APPLICATION NO.8491 OF 2026: 1. The present application is filed for condonation of delay of 5590 days caused in filing the Cross-Objections. 2. For the reasons stated in the respective applications, the Civil Applications deserve to be allowed. Accordingly, the delay caused in filing the Cross-Objections is condoned, subject to the condition that the claimant shall not be entitled to statutory benefits for the period of delay. The Civil Applications stand disposed of. 2026:BHC-AUG:45710 69-FA-2003-2010.odt 2 ORDER IN FIRST APPEAL AND CROSS-OBJECTIONS (ST): 3. Heard the learned counsel for the respective parties. 4. The present First Appeal and Cross-Objections arise out of the Judgment and Award dated 14.06.2002 passed by the learned Joint Civil Judge, Senior Division, Osmanabad, in Land Acquisition Reference No.449 of 1991. 5. This Court, in First Appeal No.550 of 1993 and the connected matter, has already enhanced the compensation and granted the rate of Rs.40,000/- per Acre for the acquired irrigated land. In view of the said order, the First Appeal filed by the State does not survive. Once this Court has already enhanced the compensation in respect of the same project, no case is made out for interference with the Judgment and Award passed by the learned Reference Court. The First Appeal filed by the State, therefore, deserves to be dismissed. 6. As regards the Cross-Objections filed by the applicant-claimant, the same deserve to be partly allowed in view of the order dated 05.08.2026 passed in First Appeal No.550 of 1993. The land of the appellant therein was acquired from the same village, namely, Makni, for the same public purpose, i.e. Terna Medium Project, as involved in the present matter, though under a different notification. Therefore, the controversy involved in the present Cross-Objections is squarely covered by the said order. 69-FA-2003-2010.odt 3 Consequently, the applicant-claimant is also entitled to the benefit of the said order. Hence, the following order: O R D E R (i) The First Appeal filed by the State is dismissed. (ii) The Cross-Objections filed by the applicant-claimant are partly allowed in terms of the order dated 05.08.2026 passed in First Appeal No.550 of 1993. (iii) The Claimant is entitled to receive compensation at the rate of Rs.40,000/- (Rupees Forty Thousand only) per acre for the acquired irrigated land and to that extent impugned award stands modified. (iii) The Claimant shall also be entitled to all statutory benefits, including interest under Sections 28 and 34 of the Land Acquisition Act, 1894, in accordance with the law laid down by the Full Bench of this Court in , 2016 (3) 457. (iv) The claimant shall pay the deficit court fees. (v) The Claimants shall not be entitled for the interest for the delayed period, if any. (vi) Rest of the impugned award stands confirmed. (vii) Award be drawn accordingly. (viii) Pending civil applications, if any, are also disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane