905.fa.781.19.jud 1/5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.781 OF 2019 Appellants (Original Applicant/Claimant on R.A.) : Namdeo s/o Sambha Sawale (Since Dead), through his Legal Heirs. 1. Janabai wd/o Namdeo Sawale, Aged about 65 years, Occ. : Housewife. 2. Anusaya wd/o Jalba Raut, Aged about 45 years, R/o Digdi (Mangabodi), Tah. Kinwant, District Nanded. 3. Bhimrao s/o Namdeo Sawale, Aged about 43 years, Occ. : Agriculturist. 4. Sau. Poornima w/o Anshiram Adagade, Aged about 42 years. 5. Laxman s/o Namdeo Sawale, Aged about 40 years, Occ. : Agriculturist. 6. Maroti s/o Namdeo Sawale, Aged about 35 years, Occ. : Agriculturist. Nos. 1 and 3 to 6 are permanent residents of Kurali, Tah. Umarkhed, District Yavatmal. – Versus – Respondents (Original Non-Applicants on R.A.) : 1. Maharashtra State, Through Collector, Yavatmal, Tah. and District Yavatmal 2. The Executive Engineer, Minor Irrigation Department, Pusad, District Yavatmal. 3. The Special Land Acquisition Officer, Lower Pus Project, Pusad, Tah. Pusad, District Yavatmal. 2026:BHC-NAG:13385 905.fa.781.19.jud 2/5 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. V.N. Patre, Advocate for the Appellants. Mr. A.J. Gohokar, A.G.P. for Respondent Nos.1 & 3. Ms. Malika Babhulkar h/f Mr. M.A. Kadu, Advocate for Respondent No.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : Y.G. KHOBRAGADE, J. DATE : 5 th OCTOBER, 2 026. ORAL JUDGMENT : By the present appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act” for short) read with Section 96 of the Code of Civil Procedure, the appellants take exception to the judgment and award dated 02/04/2009 passed by the learned Civil Judge (Senior Division), Pusad in L.A.C. No.441/2002, thereby directing present respondent No.2/acquiring body to pay enhanced compensation at the rate of Rs.35,000/- per hectare for the acquired land admeasuring 2.32 hectares and thereby also directing to pay total enhanced compensation of Rs.40,600/-. 02. In short, the facts giving rise to the present appeal are that the appellants are the owner of land bearing Gat No.70, admeasuring 2.32 hectares, situated at village Kurali, Tahsil Umarkhed, District Yavatmal. It is not in dispute that the entire land of the present appellants/claimants was acquired for the Amdapur Project under Land Acquisition Proceeding No.5/47/96-97. The notification under Section 4 of the Act was published on 19/06/1997 and the notification under Section 6 of the said Act was published on 22/06/2000. On 27/11/2000, the Land Acquisition Officer passed the award and granted compensation at the rate of Rs.17,500/- per hectare. Being aggrieved by the said 905.fa.781.19.jud 3/5 award, the appellants made a reference bearing LAC No.441/2002 under Section 18 of the Act. On 02/04/2009, the learned Reference Court passed the impugned judgment and award and enhanced the compensation to Rs.35,000/- per hectare and directed respondent No.2/acquiring body to pay enhanced compensation of Rs.40,600/- along with interest at the rate of 12% per annum from the date of the award till its realization. 03. The learned Counsel appearing for the appellants placed reliance on the judgment of this Court in the cases of Maroti Khanduji Ingole Vs. State of Maharashtra and others in First Appeal No.451/2018 (dated 10/09/2025), and Ghanshyam Vs. State of Maharashtra and others in First Appeal No.322/2016 (dated 19/11/2024), wherein this Court granted compensation at the rate of Rs.83,000/- per hectare for dry crop land situated at village Kurali, Tahsil Umarkhed, District Yavatmal. Therefore, the appellants have prayed for grant of the same compensation as awarded by this Court in the aforesaid cases. 04. The learned Counsel appearing for the appellants further canvassed that in the case of Ali Mohammad Beigh and others vs. State of Jammu and Kashmir – (2017) 4 SCC 717, it has been held that the appellants are on a par with other landowners, whose lands were acquired in same villages at the same rate, are entitled to enhanced compensation with 15% solatium and all other statutory benefits. 05. The learned Counsel appearing for respondent No.2/acquiring body has not disputed the fact that this Court has awarded compensation at the rate of 905.fa.781.19.jud 4/5 Rs.83,000/- per hectare in respect of the land acquired from village Kurali, Tahsil Umarkhed, District Yavatmal, for the Amdapur Project. 06. Needless to say, the present appellants/claimants are having dry crop land admeasuring 2.32 hectares at village Kurali, Tahsil Umarkhed, District Yavatmal, which has been acquired for the Amdapur Project. In the cases of Maruti Ingole and Ghanshyam (cited supra), this Court has already awarded compensation at the rate of Rs.83,000/- per hectare for the land situated at village Kurali, Tahsil Umarkhed, District Yavatmal. Therefore, considering the law laid down in the case of Ali Mohammad Beigh (cited supra), the present appellants are also entitled to receive compensation at the rate of Rs.83,000/- per hectare in respect of the acquired land bearing Survey No.70, admeasuring 2.32 hectares. 07. The appellants have not disputed the compensation awarded in respect of the standing timber. Therefore, considering the compensation granted by this Court in the cases of Maroti Ingole and Ghanshyam (cited supra), the present appellants are also entitled to compensation at the rate of Rs.83,000/- per hectare for the acquired land bearing Survey No.70, admeasuring 2.32 hectares, situated at village Kurali, Tahsil Umarkhed, District Yavatmal, to the extent of the enhancement sought in the present appeal. 08. In view of the above discussion, the following order is passed : i. The impugned judgment and award dated 02/04/2009 is hereby 905.fa.781.19.jud 5/5 modified with the statutory benefits. ii. It appears that, on 21/01/2019, this Court, while condoning the delay, has held that the applicants/appellants shall not be entitled to interest for the period from 02/04/2009 to 13/10/2017. Therefore, respondent No.2 is directed to calculate the compensation at the rate of Rs.83,000/- per hectare for the acquired land, admeasuring 2.32 hectares and deposit the remaining amount of compensation before this Court within a period of six months from today. iii. The appellants shall pay the deficit Court fees, if any, on the enhanced amount of compensation. Upon payment of the deficit Court fees and deposit of the enhanced amount, the appellants shall be entitled to withdraw the said amount. No separate application shall be required for issuing necessary directions to the Registrar to pay the said amount to the appellants. iv. The impugned judgment and award dated 02/04/2009 is hereby partly quashed and set aside to the extent of enhancement of compensation at the rate of Rs.35,000/- per hectare. v. The appeal is partly allowed. There shall be no order as to costs. Pending applications, if any, stand disposed of. (Y.G. Khobragade, J.) *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 07/10/2026 19:03:52