Madhav Sugriv Bhosale v. The State Of Maharashtra And Another

2025:BHC-AUG:36992 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 325 OF 2014 Kernath Raosaheb Sonwane, Age-Adult, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent X-OBJECTION NO. 129 OF 2022 IN FA/325/2014 Kernath Raosaheb Sonwane, Age-55t, Occu. Agriculture, .....APPELLANT (Ori. Res. In F. A.) (Ori. Appellants)

-2FIRST APPEAL NO. 2058 OF 2014 Madhav Sugriv Bhosale, Age-Adult, Occu. Agriculture, Mr. B. K. Pawar, Advocate for Respondent CIVIL APPLICATION NO. 11422 OF 2013 IN FA/2058/2014 X-OBJECTION NO. 161 OF 2025 IN FA/2058/2014 Madhav Sugriv Bhosale, Age-61, Occu. Agriculture, .....APPELLANT (Ori. Resp. no.1 & 2)

-3FIRST APPEAL NO. 2057 OF 2014 Shantabai Devidas Bhosale, Age-Adult, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent X-OBJECTION NO. 162 OF 2025 IN FA/2057/2014 Shantabai Devidas Bhosale, Age-68 years, Occu. Agriculture, .....APPELLANT (Ori. Res. In F.A.) (Ori. Appellants)

-4FIRST APPEAL NO. 2059 OF 2014 Meenakshi Madhav Bhosale, Age-Adult, Occu. Agriculture, Mr. B. K. Pawar, Advocate for Respondent Mr. V. V. Ingale, Advocate for Cross Objector CIVIL APPLICATION NO. 11426 OF 2013 IN FA/2059/2014 X-OBJECTION NO. 160 OF 2025 IN FA/2059/2014 Meenakshi Madhav Bhosale, Age-50 years, Occu. Agriculture, .....APPLICANT (Ori. Resp. No.1 to 2)

-5FIRST APPEAL NO. 326 OF 2014 Mohan Rangrao Sonavane, Age-Adult, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent X-OBJECTION NO. 10422 OF 2017 IN FA/326/2014 Mohan Rangrao Sonavane, Age-Adult, Occu. Agriculture, .....APPLICANT (Ori. Resp. No.1 to 2)

-6FIRST APPEAL NO. 327 OF 2014 Shrimati Rajabai Narayan Sonwane, [Died through LR's] 1A.

Chitrakala Balasaheb Suryawanshi, Age-45, Occu. Household, 1B.

Rupwati Baburao Rankhamb, Age-50, Occu. Household, 1C.

Govind Narayan Sonwane, Age-40, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent X-OBJECTION NO. 123 OF 2022 IN FA/327/2014 Shrimati Rajabai Narayan Sonwane, [Died through LR's] 1A.

Chitrakala Balasaheb Suryawanshi, Age-45, Occu. Household, 1B.

Rupwati Baburao Rankhamb, Age-50, Occu. Household,

-71C.

Govind Narayan Sonwane, Age-40, Occu. Agriculture, (Ori. Res. In F.A.) (Ori. Appellants) FIRST APPEAL NO. 329 OF 2014 Sunita Uddhavrao Sonwane, Age-Adult, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent

-8X-OBJECTION NO. 122 OF 2022 IN FA/329/2014 Sunita Uddhavrao Sonwane, Age-52 Years, Occu. Agriculture, .....APPELLANT (Ori. Res. In F.A.) (Ori. Appellants) FIRST APPEAL NO. 330 OF 2014 Govind Narayan Sonavane, Age-Major, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent

-9X-OBJECTION NO. 130 OF 2022 IN FA/330/2014 Govind Narayan Sonavane, Age-Major, Occu. Agriculture, .....APPELLANT (Ori. Res. In F.A.) (Ori. Appellants) FIRST APPEAL NO. 328 OF 2014 Nehru Baburao Sonwane, [Died] thr. LRs.

1A.

Shrimati Ushabai Nehru Sonwane, Age-30 yrs, Occu. Household & Agriculture, 1B.

Ku. Tanuja Nehru Sonwane, Age-16 yrs, U/G Mother Shrimati Ushabai Nehru Sonwane,

-101C.

Vikram Nehru Sonwane, Age-14 yrs, U/G Mother Shrimati Ushabai Nehru Sonwane, Mr. V. V. Ingale, Advocate for Respondent Nos. 1a To R/1c X-OBJECTION NO. 9 OF 2022 IN FA/328/2014 Nehru Baburao Sonwane, [Died] thr. LRs.

1A.

Shrimati Ushabai Nehru Sonwane, Age-55 yrs, Occu. Household & Agriculture, 1B.

Ku. Tanuja Nehru Sonwane, Age-16 yrs, Minor thr. Her natural Guardian Ushabai w/o Nehru Sonwane, 1C.

Vikram Nehru Sonwane, Age-14 yrs, Minor thr. his natural Guardian Ushabai w/o Nehru Sonwane, .....APPLICANTS (Ori. Res. In F. A.) (Ori. Appellants)

-11FIRST APPEAL NO. 2060 OF 2014 Annarao Laxman Bhosale, Age-Adult, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent X-OBJECTION NO. 128 OF 2022 IN FA/2060/2014 Annarao Laxman Bhosale, Age-63 Years, Occu. Agriculture, .....APPLICANTS (Ori. Res. In F. A.) (Ori. Appellants)

-12FIRST APPEAL NO. 2061 OF 2014 Jagannath Vishwanath Sonwane, Age-Adult, Occu. Agriculture, Mr. V. V. Ingale, Advocate for Respondent X-OBJECTION NO. 119 OF 2022 IN FA/2061/2014 Jagganath Vishwanath Sonwane, Through Power of Attorney Holder Bhalchandra s/o Jagganath Sonwane Age-48 Years, Occu. Agriculture, .....APPLICANTS (Ori. Res. In F. A.) (Ori. Appellants)

-13CORAM : SANJAY A. DESHMUKH, J.

DATED : 18th DECEMBER, 2025 ORAL JUDGMENT :- All these appeals are filed by the State and its authorities against the common judgment and award dated 05.10.2011, passed in the following Land Acquisition References by the learned Reference Court at Omerga, District Osmanabad.

Sr.

No.

Reference No.

Name of Applicant Survey No.

Area of acquired land 12/2008 Kernath Raosaheb Sonawne 1 H 36 R 10/2008 Madhav Sugriv Bhosale 1 H 37 R 07/2008 Shantabai Devdas Bhosale 0 H 34 R 16/2008 Meenakshi Madhav Bhosale 0 H 90 R 06/2008 Mohan Rangrao Sonawne 0 H 45.5 R 08/2008 Rajabai Narayan Sonawne 1 H 37 R Thr. LRs, Chitrakala & Ors 09/2008 Sunita Uddhavrao Sonawne 0 H 35 R 14/2008 Govind Narayan Sonawne 2 H 28 R 13/2008 Nehru Baburao Sonawne 0 H 45.5 R Thr LRs. Smt. Ushabai & Ors 10 15/2008 Annarao Lakshman Bhosale 1 H 1 R 11 11/2008 Jagganath Vishwanath Sonawne 55 0 H 68 R Cross Objection Nos.10422 OF 2017 and 123 of 2022 are not on board. Upon being mentioned taken on board. 3.

Cross Objections are filed by the original claimants, raising their grievance that the learned Reference Court has granted inadequate compensation i.e. Rs.04 per square foot to the claimants for their acquired lands.

-143.

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 learned Reference Court is exorbitant. He therefore, prayed to allow the appeals and set aside the impugned judgment and award.

3.

Learned advocate for the claimants submitted that the learned 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 learned Reference Court has not considered the N.A. potentiality of the lands and more particularly, that lands are 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 of parity. Therefore, interference is warranted in the impugned judgment and award.

-15award of the learned 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. with all exclusions to the claimants on the principle of parity as the claimants' lands are similarly situated near to the highway having commercial potentiality. The First 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:-

ORDER

a.

The First Appeals are dismissed.

b.

The Cross Objections are allowed. The impugned judgments and awards ae partly modified as under:

c.

The applicants-claimants are entitled to receive compensation @ Rs.20/- per sq. ft.

without any deduction as held in the order passed by this Court in First Appeal No. 766 of 2013.

d.

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

-16e.

If the delay is condoned by this Court while entertaining the Cross Objections, the claimants shall not be entitled for interest amount and other statutory benefits for the period of delay.

f.

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

g.

Pending civil applications, if any, also stand disposed of.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025