Dagdu Ananda Gaikwad v. The State Of Maharashtra And ORS

2025:BHC-AUG:33797 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 FIRST APPEAL NO. 277 OF 2013 Santosh Vishnu Dhumal Age adult, Occ. Agriculture R/o. Kavtha, Tq. Omerga CROSS OBJECTION NO. 70 OF 2021 FIRST APPEAL NO. 277 OF 2013 Santosh Vishnu Dhumal Age adult, Occ. Agriculture R/o. Kavtha, Tq. Omerga

-2AND FIRST APPEAL NO. 278 OF 2013 Venkat Satvaji Sonwane since deceased through L.Rs.

Vachalabai Venkat Sonwane since deceased through L.Rs.

Balaji Venkat Sonwane Age 40 years, Occ. Agri. And Service CROSS OBJECTION NO. 124 OF 2022 FIRST APPEAL NO. 278 OF 2013 Venkat Satvaji Sonwane since deceased through L.Rs.

Vachalabai Venkat Sonwane since deceased through L.Rs.

Balaji Venkat Sonwane Age 40 years, Occ. Agri. And Service

-3AND FIRST APPEAL NO. 281 OF 2013 Dagadu Ananda Gaikwad Age adult, Occ. Agriculture CROSS OBJECTION NO. 69 OF 2021 FIRST APPEAL NO. 281 OF 2013 Dagadu Ananda Gaikwad Age adult, Occ. Agriculture

-4AND FIRST APPEAL NO. 280 OF 2013 Babu Tukaram Rankhamb Age adult, Occ. Agriculture R/o. Kavtha, Tq. Omerga CROSS OBJECTION NO. 68 OF 2021 FIRST APPEAL NO. 280 OF 2013

-5Babu Tukaram Rankhamb Age major, Occ. Agriculture AND FIRST APPEAL NO. 279 OF 2013 Vikas Shivaji Pawar Age adult, Occ. Agriculture R/o. Kavtha, Tq. Omerga CROSS OBJECTION NO. 67 OF 2021 FIRST APPEAL NO. 279 OF 2013

-6Vikas Shivaji Pawar Age major, Occ. Agriculture ...

Advocate for Appellants in first appeals and respondents in cross objections : Mr. S.B. Jadhav Advocate for Respondents in first appeals and for applicants in cross objections : Mr. V.V. Ingale .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 24th NOVEMBER 2025 ORAL JUDGMENT:- The first appeals are filed by the State and its authorities against the common judgment and award passed by the learned Reference Court, Omerga, district Osmanabad, in Land Reference Nos. 95 of 2005, 174 of 2005, 169 of 2005, 91 of 2005 and 87 of 2005 dated 31.07.2008, whereas the cross objections are filed by the original claimants raising the grievance that inadequate

-7compensation is granted at the rate of Rs.4/- per sq. ft. when they claimed compensation at the rate of Rs.50/.- per sq. ft. Learned A.G.P. for the appellants in the first appeals submitted that considering the quality and the market price of the acquired lands, the compensation granted by the reference court is exorbitant. He therefore, prayed to allow the appeals and set aside the impugned judgment and award.

Learned advocate for the claimants submitted that the reference court has not considered the quality of the land and without considering the same has awarded meager amount of compensation. Learned advocate for the claimants submitted that the reference court has not considered the N.A. potentiality and more particularly, that land is adjacent to Latur - Gulbarga highway, having commercial value. He further pointed out that the judgment of this Court delivered in first appeal No. 766 of 2013 in which this Court awarded the compensation at the rate of Rs.20/- per sq. ft. and enhanced the amount of compensation alongwith other benefits. He therefore, prayed for enhancement of the compensation on the principle of parity in view of judgment and award passed by this Court in first appeal No. 766 of 2013, decided on 24.09.2025 (Manohar Kedari Sawant vs. the State of Maharashtra and others) on the principle

-8of parity. Therefore, interference is warranted in the impugned judgment and award. It is lastly prayed to allow the cross objections by modifying the impugned judgment and award of the reference court.

4.

Perused the record and proceedings. Considering the reasons stated in the impugned judgment and award by the reference court and in the case of Manohar (supra) it would be proper to grant compensation at the rate of Rs.20/- sq. ft. to the claimants on the principle of parity as the claimants' lands are similarly situated near to the highway having commercial potentiality. The appeals therefore, deserve to be dismissed and the cross objections deserve to be allowed by partly setting aside the impugned judgment and awards. Hence the following order:-

O R D E R

I.

The first appeals are dismissed.

II.

The cross objections are allowed. The impugned judgments and awards ae partly modified as under: III.

The applicants-claimants are entitled to receive

-9compensation @ Rs.20/- per sq. ft. without any deduction as held in the order passed by this Court in First Appeal No. 766 of 2013.

IV.

The claimants are also entitled to receive the statutory benefits as provided in the Land Acquisition Act. V.

If the delay is condoned by this court while entertaining the cross objections, the claimants are not entitled for interest amount and other statutory benefits for the said period. VI.

The respondents shall deposit the enhanced amount of compensation within eight weeks from today with interest accrued thereon.

VII.

Pending civil applications, if any, also stand disposed of. (SANJAY A. DESHMUKH, J.) rlj/