1 941 fa 4111.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 4111 OF 2022 Sambhaji Sayaba Surwase Since deceased through his L.Rs. Somnath S. Surwase .. Appellant Versus The State of Maharashtra, through Collector Osmanabad and another .. Respondents Shri Vivekanand V. Ingale, Advocate for the Appellant. Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J. DATE : 08TH JANUARY, 2026. FINAL ORDER : . Taken up for final hearing with the consent of the parties. Heard both sides. 2. Appeal is directed against common judgment and award dated 21.01.2013 passed in L.A.R. No. 26 of 2008. The appellant is claiming enhancement of rate to the extent of Rs. 20/- per square feet on the basis of parity. For that purpose a compilation is placed on record. 3. Learned Assistant Government Pleader opposes the submissions. He would submit that appellant is bound to prove his case independently and no enhancement is required to be 2026:BHC-AUG:820 2 941 fa 4111.22 granted on the basis of parity. 4. Appellant’s land has been acquired by notification U/Sec. 4 of the Land Acquisition (for the sake of brevity and convenience hereinafter referred as to the “L. A. Act”) dated 16.02.1994. It was from village Sastur, Tq. Lohara, Dist. Osmanabad. Award U/Sec. 11 of the L. A. Act was passed on 20.10.1996 fixing rate of Rs. 35,000/- per hectare, when the claim of the appellant was Rs. 25,000/- per R. The land in question is acquired for rehabilitation purpose. 5. Reliance is placed on the judgment passed by the Reference Court in L.A.R. No. 606 of 2005 arising out of self same award to show that Reference Court approved the rate of Rs. 20/- per square feet. The respondent authority did not prefer to challenge the judgment. A letter to that effect is issued on 12.05.2022. The approach of the Reference Court is discriminatory. Appellant is also entitled to receive same rate. 6. My attention is adverted to couple of orders passed by this Court arising out of self same acquisition proceeding, by which this Court enhanced the rate to the extent of Rs. 20/- per square feet. Appellant has made out case for enhancement on the ground of parity. First appeal is bound to succeed. I, therefore, pass following order. 3 941 fa 4111.22 O R D E R A. The first appeal is allowed partly. B. The appellant is entitled to receive rate of Rs. 20/- per square feet (Rs. 20,000/- per R) for the acquired land. C. The appellant shall be entitled to interest U/Sec. 28 and 34 of the L. A. Act is payable from the date of final award as per the judgment the State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513. D. Save and except above modification, impugned judgment and award shall stand unaltered. E. The appellant shall not be entitled to receive interest and statutory benefits for the delayed period. F. The appellant shall pay the deficit court fees. G. Award be drawn up accordingly. [ SHAILESH P. BRAHME J. ] bsb/Jan. 26