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Judgment
The First Appeal No.145/2018 is preferred by the Claimants for enhanced compensation and the First Appeal No.1325/2021 is preferred by the State against the Judgment and Award passed by the learned Reference Court.
Heard the learned Advocate for the Claimants and the learned AGP for the State.
The Claimants’ land admeasuring 18 R. out of Gat No.467, situated at Village Bhabalgaon, Taluka and District Latur is acquired for the construction of ‘Sulabh Jal Sanvardhan Yojana Pazar Kalva, Babhalgaon’ (Percolation Tank). The Special Land Acquisition Officer (for short ‘S.L.A.O.’) offered compensation of Rs.1210/- per R (gunthas). The Claimants preferred the Reference bearing No.636/2009, which was decided by the learned Reference Court on 13/06/2017 and enhanced the market value of the acquired land to Rs.45/- per sq. ft.
The learned Advocate for the Claimants relied on the decision of the Division Bench of this Court dated 02/05/2025 in group of Appeals out of which one is First Appeal No.1459/2020 and the decision of the Single Bench of this Court dated 22/09/2025 in group of First Appeals out of which one is First Appeal No.3852/2022 and submitted that, the said Appeals arose out of the same acquisition proceedings and the same Award, and this Court enhanced the compensation to Rs.240/- per sq. ft. (inclusive of the compensation granted by Reference Court).
The learned AGP appearing for the State, on going through the said Judgments, concur with the said submissions of the learned Advocate for the Claimants.
The learned Advocate for the Claimants and the learned AGP for the State submit that, these Appeals can be disposed off in view of the aforesaid Judgments.
Perusal of the said Judgments show that, some Appeals were filed by the Claimants and some Appeals were filed by the State against the decision of the learned Reference Court in the respective land References. There is also no dispute that, the Appellants’ land and the lands, which were the subject matter of the aforesaid Appeals, were from the same Village. Considering these undisputed aspects of the matters, the following order is passed :
ORDER
The First Appeal No.145/2018 filed by the Claimants are partly allowed.
The Claimants be paid the compensation @ Rs.240/- per sq. ft. (inclusive of the compensation granted by Reference Court).
The Clause Nos.3 and 4 of the impugned Award stands maintained.
The First Appeal No.1325/2021 filed by the State is partly allowed.
The Clause No.5 of the impugned Award is modified as under :
The Interest @ 9% p.a. on the enhanced compensation be calculated from the date of Award under Section 11 of the Land Acquisition Act, 1894, in view of the Judgment in The State of Maharashtra Vs. Kailash Shiva Rangari, passed by the Full Bench of Nagpur High Court, in First Appeal No.251/2003 and the Interest @ 15% p.a. for the subsequent years onwards, until the entire amount of compensation is paid.
The amount deposited by the State in this Court in the Appeal preferred by the State be disbursed to the Claimants in terms of enhanced compensation.
Appeals stand disposed of accordingly.
In view of disposal of the Appeals, pending Civil Applications, if any, are also disposed of.