High CourtsSingle Bench(2025) 12 BOM CK 3713

The State Of Maharashtra & Anr. vs Kernath Raosaheb Sonwane

Bombay High Court, Aurangabad Bench · Decided on 18 December 2025

HON’BLE JUDGES
Sanjay A. Deshmukh, J
CASE NUMBER
First Appeal No. 325 of 2014

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Judgment

26 paragraphs · 640 words
1.

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 ApplicantSurvey No.Area of acquired land
112/2008Kernath Raosaheb Sonawne551 H 36 R
210/2008Madhav Sugriv Bhosale551 H 37 R
307/2008Shantabai Devdas Bhosale550 H 34 R
416/2008Meenakshi Madhav Bhosale550 H 90 R
506/2008Mohan Rangrao Sonawne550 H 45.5 R
608/2008Rajabai Narayan Sonawne Thr. LRs, Chitrakala & Ors551 H 37 R
709/2008Sunita Uddhavrao Sonawne550 H 35 R
814/2008Govind Narayan Sonawne552 H 28 R
913/2008Nehru Baburao Sonawne Thr LRs. Smt. Ushabai & Ors550 H 45.5 R
1015/2008Annarao Lakshman Bhosale551 H 1 R
1111/2008Jagganath Vishwanath Sonawne 550 H 68 R
2.

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.

3.

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. It is lastly prayed to allow the Cross Objections by modifying the impugned judgment and award 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.

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.