1 1159.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 303 OF 2026 NETAJI APPASAHEB PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND OTHERS ... Advocate for Appellant : Mr. A.N.Nagargoje h/f. Mr. Shingnapure Ravindra K. AGP for Respondent/s – State : Ms. Preeti Diggikar … CORAM : MANJUSHA DESHPANDE, J. DATE : 03rd SEPTEMBER, 2026 PER COURT : 1. This Appeal has been filed by the original Claimant whose land has been acquired for the Minor Irrigation Tank, at Shiradhon. 2. The Appellant is the owner and possessor of land Gat no. 398, admeasuring 1 Hector 24 R and Gat no. 399 admeasuring 1 H 27 R situated at Shiradhon, Taluka Kallamb, District Osmanabad. 3. The Land has been acquired by Respondent nos. 2 and 3, respectively, for the purpose of irrigation tank. The notification under Section 4 of the land Acquisition Act, was published on 29.06.1995, notification under Section 6 was published on 07.03.1996 and the award 2026:BHC-AUG:41358 2 1159.odt was declared on 16.06.1999. According to the Claimant, the date of possession is 01.12.1999. The reference Court while granting compensation to the Appellant has granted rate of Rs. 1,750/- per R. Therefore, aggrieved by the insufficiency of the compensation, the Claimant has approached this Court against the order passed by the reference Court in LAR no. 82/2003. 4. Learned Advocate for the Appellant would submit that this Appeal has been filed in the year 2022 and it has been registered in the year 2026. He has placed reliance on the order passed by this Court in First Appeal no. 654/2014, with connected Appeals which has been decided by this Court on 02.04.2019. He is relying on the judgment passed by this Court for seeking parity with the appellant in the group of First Appeals filed by the Claimants from the same notification, by which the land of the present Appellant was acquired. According to him, this Court after taking into consideration the merits of the matter and evidence placed on record before the Reference Court has come to conclusion that the Appeals before this Court deserve to be allowed by has enhancing the compensation admissible to the Claimants at the rate of Rs. 2890/- per R for the land acquired in Gat nos. 402 and 420 of Village Shiradhon. 3 1159.odt 5. He places reliance on the notification in order to demonstrate that the land of the present Appellant is also covered by the same notification under which the land of the Claimant in the First Appeal is also covered. 6. Upon perusal of the award dated 16.06.1999, it is evident that the land of the present Appellant is also included in the same notification and the land of the Appellants in First Appeal no. 654/2014 along with the connected Appeals also forms part of the same notification. Considering that this Court has already taken into account the evidence produced before the reference Court and the nature of land as well as the law i.e. governing the enhancement of compensation, the enhancement has been granted by this Court. Since the land of the present Appellant is also covered under the same notification, the same benefit deserves to be allowed to the Appellant on the ground of parity. Hence, I pass the following order : ORDER i. First Appeal filed by the Appellant is allowed. ii. The Claimant i.e. the original Appellant in LAR no. 82/2003, shall be entitled to enhance the compensation at the rate of Rs. 2890/- per R for the acquired land. 4 1159.odt iii. The Claimant is also entitled to the component under Section 23 (1A) of the Land Acquisition Act, i.e. the amount calculated at the rate of 12 % per annum on the market value of the acquired land for the period commencing on and from the date of notification under Section 4 (1) of the Land Acquisition Act, i.e. from 01.06.1995, to the date of possession of the acquired land i.e. 01.12.1995. iv. The Claimant is entitled to solatium at the rate of 30% on market value of the acquired land under Section 23 (2) of the Land Acquisition Act. v. The enhanced compensation i.e. the excess than awarded by the Collector, solatium and component, the Claimant is entitled to interest, under Section 28 of the Land Acquisition Act, at the rate of 9% per annum i.e. from the date of possession i.e. from 01.12.1995 for one year, and thereafter, 15% per annum to the date of deposit of enhanced compensation, component and solatium, in the Court. vi. The Claimant is also entitled to the interest under Section 34 of the Land Acquisition Act, at the rate of 9% per 5 1159.odt annum from 01.12.1995, on the compensation amount awarded by the Collector until the date of payment or deposit of that amount of compensation for a period of one year and after one year, he is entitled to the interest at the rate of 15% per annum on this compensation till 07.03.2000 i.e. the date of payment of compensation awarded by the Collector. vii. The compensation for trees and structure awarded by the reference Court shall remain as it is. viii. With the aforementioned directions, the First Appeal stands disposed of. ( MANJUSHA DESHPANDE, J. ) SPC