2026:BHC-AUG:3035 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 88 OF 1993

1. Jagannath s/o Mahadev Khote Age: 65 years, Occ. Agri, R/o Pargaon Jogeshwari, Tq. Ashti, Dist. Beed.

2. Bhanudas s/o Mahadev Khote, Age: 60 years, Occ. Agri., R/o As above.

3. Sunil s/o Sahebrao Chavan, Age: 50 years, Occ. Agri., R/o As above.

…..APPELLANTS VERSUS The State of Maharashtra Through Collector, Beed.

…..RESPONDENT _____________________________________________________________

Mr. R. J. Nirmal, Advocate for Appellants Mr. D. J. Patil, AGP for Respondent-State _____________________________________________________________

CORAM : SANJAY A. DESHMUKH, J.

DATED : 14^TH JANUARY, 2026 ORAL JUDGMENT :-

1. This First Appeal is preferred against the judgment and award passed by the learned Land Reference Court, Beed in Land Acquisition Reference No.212 of 1998, dated 25.04.1989.

2. The agricultural land of the claimants bearing survey no.45/2, admeasuring 1H 62 R was acquired for the construction of a Minor Irrigation Project at Pargaon, Tq. Ashti, District Beed. The land was acquired; however, the compensation was not adequately awarded. Therefore, the claimants preferred a land reference, however, the learned Land Reference Court awarded inadequate compensation.

3. Learned Advocate Mr. R. J. Nirmal, for the appellants pointed out the impugned judgment alongwith the pleadings and the evidence. He further pointed out the judgment delivered by this Court in First Appeal No.105 of 1994 with connected appeals, dated 02.12.2025, by which, this Court awarded compensation @Rs.409 for similarly situated lands which were acquired for one and the same project. Learned Advocate for the appellants, therefore, prayed to allow the First Appeal on the principle of parity.

4. Learned AGP Mr. D. J. Patil, for the respondent-State conceded that there is a decision of this Court passed in First Appeal No.105 of 1994 with other connected appeals, in which this Court awarded compensation @Rs.409/- per Are to the claimants for their acquired lands.

5. This Court in paragraph no.6 of the First Appeal No.105 of

1994, observed as under:

“6. Perused the Record and Proceedings, particularly the three sale instances. The first sale instance of the agricultural land dated 21.01.1983 shows that the 11R land having an irrigation facility through a well was sold for Rs.9000/- i.e. Rs.818 per Are of the village Pargaon Jogeshwari. The lands of the claimants situated at Borgaon Jogeshwari, District Beed are admittedly acquired for the construction of a percolation tank at Pargaon. Considering the other two sale instances, the sale instance dated 21.01.1983 is at a higher rate as pointed out by the learned Advocate for the appellants with reference to the case of Mahonar supra.”

6. The case of Manohar and Others Vs. The State of Maharashtra and others, reported in 2025 INSC 900, was also relied upon to award the compensation at the highest rate as per the sale exemplar.

7. This Court perused the impugned judgment and the judgment passed in First Appeal No.105 of 1994. Considering similar nature of the land in question, it would be proper to award compensation @Rs.409/- per Are for the acquired land of the claimants alongwith the interest accrued thereon on the principle of parity. Therefore, this appeal deserves to be allowed. The impugned judgment and award deserves to be partly set aside.

ORDER a. First Appeal is allowed.

b. The impugned judgment and award is partly set aside and modified as under:

i. The claimants are entitled to compensation @Rs.409/- per Are for their acquired land alongwith interest accrued thereon and other benefits including statutory benefits as provided under Section 23(1)A, 23(2) and Section 28 of the Land Acquisition Act, 1894.

c. If Court fees is not paid, after receipt of the Court fees, the Registry shall pay the enhanced amount of compensation to the claimants.

d. The Respondent/Acquiring Authority is directed to deposit the enhanced amount