FA/712/2007 of SUBHASH ANANDRAO PATIL Vs THE SPECIAL LAND ACQ. OFFICER AND ANR

916-fa-712-2007 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 712 OF 2007 1. Subhash Anandrao Patil Died through L.Rs. 1/1. Smita Subhash Patil Age: 54 years, Occu. Agri. 1/2. Suyog Subhash Patil Age: 29 years, Occu. Agri, 1/3. Punam Prashant Patil Age: 25 years, Occu. Agri All R/o Hingane (B), Tq. Jamner Dist. Jalgaon. VERSUS 1. The Special Land Acquisition Officer, Upper Tapi Project Hatnur-1 Jalgaon. 2. The Executive Engineer Waghur Project Division Jalgaon. _____________________________________________________________ Mr. A. B. Kale, Advocate for Appellants Mr. D. J. Patil, AGP for Respondent-State Mr. D. D. Pokharkar, Advocate for Respondent no.2 _____________________________________________________________ WITH CIVIL APPLICATION NO. 5315 OF 2021 IN FA/712/2007 CORAM : SANJAY A. DESHMUKH, J. DATED : 08th JANUARY, 2026 ORAL JUDGMENT :- 1. This appeal is preferred against the impugned judgment and award passed in Land Acquisition Reference No.58 of 2006 (Old L.A.R. No.51 of 2002), dated 16.11.2006. 2026:BHC-AUG:917 916-fa-712-2007 -2- 2. Claimants’ agricultural land bearing survey no.121, admeasuring 2H 85 R, situated at village Hingane Budruk, Taluka- Jamner, District Jalgaon was acquired for the Waghur Project. 3. Learned Advocate Mr. A. B. Kale, for the appellants pointed out the judgment of this Court delivered in First Appeal No.70 6 of 2007 along with connected appeals, delivered on 28.02.2024, wherein the lands were acquired for one and the same purpose by one and the same award. He further submitted that on the principle of parity, the appellants’ appeal deserves to be allowed by awarding Rs.4,00,000/- per hectare as the market value of the irrigated land and compensation for the trees to the extent of 80% of the amount of the valuation report be awarded. 4. Learned Advocate Mr. D. D. Pokharkar, for the respondent no.2/Acquiring Authority strongly opposed the appeal and submitted that the principle of parity cannot be applied to the case in hand, as the facts of the present case are different. He lastly prayed to dismiss the appeal. 5. Upon perusal of the impugned judgment passed in First Appeal No.706 of 2007, dated 28.02.2024, it is crystal clear that these appeals are also arising out of one and the same acquisition proceedings and the lands in the said appeals are identical to the land in this appeal. Therefore, the principle of parity is app licable. 916-fa-712-2007 -3- Considering all these aspects, the appeal deserves to be allowed on the principle of parity. The impugned judgment and award deserves to be set aside partly. Hence, the following order: ORDER a. First Appeal is allowed. b. Impugned judgment and award is partly set aside and modified as under: i. Appellants are entitled to enhanced amount of compensation @ Rs.4,00,000/- per hectare to their irrigated land and for the trees, appellants are entitled to the extent of 80% of the amount of valuation report alongwith all the statutory benefits like component, solatium, interest, etc. as per the Land Acquisition Act, 1894. c. Respondent no.2/Acquiring Authority is directed to deposit the enhanced amount of compensation in this Court within twelve weeks from today. d. On depositing the enhanced amount, appellants be permitted to withdraw the same. e. Award be drawn up accordingly. f. Pending Civil Applications, if any, stand disposed of. (SANJAY A. DESHMUKH, J.) Rushikesh/2025