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Judgment
Admit. Heard finally by consent of parties.
The appellant takes exception to judgment and award dated 21.09.2019 passed by learned Civil Judge, Senior Division, Jalna / Reference Court in Land Acquisition Reference No.758 of 2012.
The appellant's land situated at village Wahegaon Sopara, Tq. Partur, District Jalna came to be acquired pursuant to notification dated 09.06.2008 issued under Section 4 of Land Acquisition Act for construction of percolation tank. On 14.09.2011, Land Acquisition Officer passed an award under Section 11 of Land Acquisition Act, thereby fixing compensation @ Rs.1,545/- per R for acquired land. Aggrieved by assessment of compensation, appellant made a reference vide L.A.R. No. 758 of 2012 under Section 18 of Land Acquisition Act. The Reference Court, upon evaluation of evidence, enhanced compensation to Rs.3,500/- per R for dry land.
Mr. Kakade, learned Advocate appearing for appellant would submit that this Court has decided First Appeal No.1924 of 2025 vide order dated 30.07.2026 in case of Prayagbai Bhimrao Rathod v. State of Maharashtra through the Collector, Jalna and others. The land in relation to said matter was also acquired under same award for same purpose. He would therefore urge to follow same course in present matter and pass award on the basis of rate fixed in that matter.
Learned AGP opposes appeal by inviting attention of this Court to observations made by Reference Court in paragraph no.16 of impugned judgment to contend that appellant's claim to grant compensation at par with the rate granted by Reference Court in L.A.R. No. 671 of 2011 cannot be accepted as lands in those References were situated at Ashti, which is a developed town and lands under present Reference from village Wahegaon Sopara is not comparable.
Having considered submissions advanced by learned Advocates appearing for respective parties, this Court finds that, in First Appeal No.1924 of 2025 this Court relied upon rate fixed by Reference Court in L.A.R. No. 142 of 2013 as well as L.A.R. No. 671 of 2011 and finding similarity in the lands which were subject matter of aforesaid References, this Court accepted land value @ 4,629/- per R for acquired land.
Mr. Kakade, learned Advocate for appellant has placed on record a copy of village map of Taluka Partur, which shows that village Wahegaon Sopara (previously known as Wahegaon Satara) is adjacent to village Ashti. The land which was under Reference in First Appeal No. 1924 of 2025 is from village Wahegaon Sopara, Tq. Partur. A bare look at map shows that village Wahegaon Satara is adjacent to Ashti. Therefore, rate fixed for lands at Ashti as well as Pandepokhari can be solely considered for land at Wahegaon Sopara.
It is trite that, if land is acquired for same purpose under same award for same project, generally one and same rates should be awarded to all landholders. In present case, this Court finds no reason to depart from view taken in First Appeal No.1924 of 2025, wherein this Court fixed rate of acquired land @ Rs.4,629/- per R.
In light of aforesaid observations, First Appeal deserves to be partly allowed. Hence, following order:
ORDER
The First Appeal is partly allowed.
The appellant is held entitled for compensation @ Rs.4,629/-per R in tune with rate granted in L.A.R. No. 671 of 2011, for acquired land.
The appellant shall not be entitled to interest and statutory benefits for the delayed period, if any.
The appellant shall be entitled to interest under Sections 28 and 34 of the Land Acquisition Act, 1894 as per Full Bench judgment of this Court in State of Maharashtra v. Kailash Shiva Rangari reported in 2016 AIR (Bom) 141.
Save and except aforesaid modification, impugned judgment and award shall stand unaltered.
The award be drawn accordingly, on payment of deficit court fees, if any.
The Record and Proceedings be sent back to the Reference Court.