1 912-FA-3092-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 FIRST APPEAL NO. 3092 OF 2025 Manika Madhavrao Nukulwad VERSUS The State Of Maharashtra Through The Collector Nanded And Ors ... Mr. Chincholkar Ganpat Niranjan for the Appellant. Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State. Mr.Mahesh C. Swami for the Respondent/Acquiring Body. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 10.09.2026 PER COURT : 1. The present Appellant is the original claimant and owner of the land in Survey No.62/B/2 admeasuring 0.84R along with trees situated at village Marajwadi, Taluka Mukhed, District Nanded. The land of the Appellant has been acquired for the submergence area of lendi major project. The Award was passed by the Special Land Acquisition Officer on 25th October, 2004. The Special Land Acquisition Officer awarded rate of Rs.60,769/- per hector. The Appellant being aggrieved by the insufficient amount of compensation filed reference before the Civil Judge Senior Division, Mukhed, District Nanded. The L.A.R. No.405 of 2007 filed by the Appellant has been decided vide Judgment and order dated 25th August, 2016. The Reference Court has granted enhancement of compensation to the extent of Rs.72,586/- instead of Rs.55,836/-, awarded by the Special Land Acquisition Officer. On this background, the Sunny Thote 2026:BHC-AUG:42583 2 912-FA-3092-2025.odt claimant has filed the present Appeal for further enhancement of compensation. 2. The learned Advocate for the Appellant submits that in the group of First Appeals filed before this Court vide Judgment dated 16th January, 2019 has granted enhancement of compensation granted to the claimants as per the classification of land made by the Special Land Acquisition Officer. It is submitted that the land of the present Appellant is acquired for the same project and is covered by the same notification as well as the award, therefore, the claimant needs to be granted similar enhancement, as has been granted by this Court in First Appeal No.3133 2009 and group of Appeals. 3. The learned Advocate appearing for the Acquiring Body as well as the learned Addl. G.P. do not dispute about the position that the land of the present Appellant is also covered by the same notification as well as the same award. In view of the consensus between the parties, the land of the Appellant is covered by the Judgment passed by this Court. Similar relief is extended to the Appellant on the ground of parity and accordingly, I pass the following order : ORDER (i) The First Appeal is partly allowed in the following terms. (ii) The market value of the land of the claimant shall be determined at the rate of Rs.1,25,000/- per hectare. Sunny Thote 3 912-FA-3092-2025.odt (iii) The Appellant is entitled for enhancement of compensation as per the categorization made by the Special Land Acquisition Officer, as applicable to the dry land. (iv) Since, considering the delay that had occurred in approaching this Court and an undertaking given by the claimant, so far as the entitlement for statutory benefit and interest under Sections 28 and 34 Land Acquisition Act, 1894 are concerned, it shall be calculated as per the decision in State of Maharashtra V/s. Kailash Shiva Rangari [2016] AIR (Bom.) 141]. (v) The award shall be modified accordingly. (vii) An enhanced compensation shall be deposited by the Acquiring Body, within a period of three months in the Executing Court. [ MANJUSHA DESHPANDE, J. ] Sunny Thote