2026:BHC-NAG:217 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.1 OF 2015 Prabhakar s/o. Nanaji Timande, Aged about 38 years, Occ.- Agriculturist, R/o. Usegaon, Tah. Samundrapur, Dist. Wardha. ----APPELLANT ---VERSUS---

1. The Collector, Through Special Land Acquisition Officer, Minor Irrigation Works, Wardha.

2. Executive Engineer, Minor Irrigation Works, Wardha. ----RESPONDENTS ---------------------------------------------------------------------------------------------

Mr. C. R. Najbile, Advocate for Appellant.

Mr. U. R. Phasate, A.G.P. for Respondent No.1/State.

Mr. Abhijit Parihar, Advocate for Respondent No.2.

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CORAM : NEERAJ P. DHOTE , J .

DATED : 07.01 .202 6 JUDGMENT . This is first appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘L.A.Act’) preferred by the original claimant for enhancement compensation. The appellant’s land admeasuring 1 H. 62 R. out of Survey No.91, situated at mouza Patalkot, Tahsil Samudrapur, District Wardha was acquired by the respondent No.2 – Acquiring Body for the Lal Nala Project. The Special Land Acquisition Officer (SLAO) assessed the land value at the rate of Rs.76,517/- per hectare for the land and Rs.22,540/- for the well and motor pump. The appellant preferred the reference under Section 18 of the L.A. Act being Land Acquisition Case No.137/2004 for enhance the compensation. The learned Joint Civil Judge, Senior Division, Wardha (Reference Court) decided the reference and determined the compensation for the appellant’s acquired land at the rate of Rs.1,45,000/- per hectare.

2. Heard the learned Advocate for the appellant and the learned Advocate for the respondent No.2 – Acquiring Body.

3. Learned Advocate for the appellant tendered across the bar copy of the judgment and award dated 08.09.2022 passed by the Civil Judge, Senior Division, Hinganghat in Land Acquisition Case No.79/2017 determining the rate of Rs.1,60,000/- per hectare for the acquisition of land situated in the same village and acquired under the same acquisition proceedings. He submits that the appellant is entitled for the said rate on the ground of parity.

4. Learned Advocate for the Acquiring Body do not dispute the said aspect.

5. There is no dispute that the land of the appellant and the land of the claimant in the said Reference No.79/2017 were situated in the same village i.e. Patalkot, Tahsil Samudrapur, District Wardha and acquired under the same acquisition proceeding for the same project and both the lands were seasonally irrigated. Hence, the appellant would be entitled to the same rate on the ground of parity. Hence, the following order :

i] First Appeal is partly allowed.

ii] The impugned judgment award dated 31.01.2012 in Land Acquisition Case No.137/2004 passed by the learned Reference Court stands modified to the extent of the compensation granted towards the land at the rate of Rs.1,60,000/- per hectare instead of Rs.1,45,000/- per hectare.

iii] The compensation payable to the appellant be recalculated on the basis of enhanced rate i.e.

Rs.1,60,000/- per hectare along with statutory benefits as granted by the learned Reference Court.

iv] Record and proceedings be sent back to the learned Reference Court.

There shall be no order as to costs.

(NEERAJ P. DHOTE J.)

RGurnule