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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 |
| 1 | 12/2008 | Kernath Raosaheb Sonawne | 55 | 1 H 36 R |
| 2 | 10/2008 | Madhav Sugriv Bhosale | 55 | 1 H 37 R |
| 3 | 07/2008 | Shantabai Devdas Bhosale | 55 | 0 H 34 R |
| 4 | 16/2008 | Meenakshi Madhav Bhosale | 55 | 0 H 90 R |
| 5 | 06/2008 | Mohan Rangrao Sonawne | 55 | 0 H 45.5 R |
| 6 | 08/2008 | Rajabai Narayan Sonawne Thr. LRs, Chitrakala & Ors | 55 | 1 H 37 R |
| 7 | 09/2008 | Sunita Uddhavrao Sonawne | 55 | 0 H 35 R |
| 8 | 14/2008 | Govind Narayan Sonawne | 55 | 2 H 28 R |
| 9 | 13/2008 | Nehru Baburao Sonawne Thr LRs. Smt. Ushabai & Ors | 55 | 0 H 45.5 R |
| 10 | 15/2008 | Annarao Lakshman Bhosale | 55 | 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.
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.
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.
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. It is lastly prayed to allow the Cross Objections by modifying the impugned judgment and award of the learned Reference Court.
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.
e. 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.