WP/10624/2023 of BHARAT SAMPATRAO BORADE AND OTHERS Vs THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 963 WRIT PETITION NO.10624 OF 2023 Bharat Sampatrao Borade and Others … Petitioners Versus The State of Maharashtra Through Secretary and Others … Respondents ….. Shri. Mahesh V . Ghatge, Advocate for Petitioners Shri. S. R. Wakale, AGP for Respondent – State. ….. CORAM : ARUN R. PEDNEKER AND VAISHALI PATIL-JADHAV, JJ. Dated : JANUARY 17, 2026 FINAL ORDER :- . The Petitioners, by the present petition, challenge the order dated 03.08.2021 passed by Respondent No.6 - Tahsildar, Selu, granting insufficient compensation for loss of crops, which were inundated with water due to heavy rainfall. 2. Learned Counsel for the Petitioners submits that, during the period from June to October 2020, t he Petitioners suffered heavy agricultural losses as their fields bearing Gat Nos.99, 14 and 2 situated at village Taltumba, Tal. Selu, Dist. Parbhani, were inundated with water owing to heavy rainfall. He submits that, the Government Resolution (for short, ‘G.R.’) dated 09.11.2020 provides for certain compensation for agricultural land damaged due to excessive rainfall and floods. As per the said G.R., the maximum compensation payable for damage to 2026:BHC-AUG:3396-DB 2 multiple year crop is Rs.25,000/- per hectare, subject to a limit of 2 hectares. Undisputedly, all the Petitioners herein have more than 2 Hectares of land, and pursuant to the panchanama, the damage to the crops across the landholdings was found to be more than 50%. Under the said G.R. compensation is admissible where the crop damage exceeds 33%. 3. It is further submitted by learned Advocate for the Petitioners that, the Petitioners are entitled for the compensation in terms of the said G.R. and are also entitled to receive the same from the State. However, the Respondent – Tahsildar has considered the lands of the Petitioners as Jirayat lands and not Bagayat lands and granted the compensation at the rate of Rs.10,000/- per Hectare. He has taken this Court through the panchanama and pointed out that, the Petitioners’ lands were under cultivation of lemon and mango trees, which are multiple year crops. The lands were also situated very close to a water tank. He further submits that, the observation by the Respondent - Authority that the lands are Jirayat lands is contrary to the record. 4. Pursuant to the n otice issued by this Court, the State has filed its affidavit. They have not contested the position that the Petitioners’ lands are under the cultivation of fruit bearing trees (Bagayat lands), however they have stated that the affected lands are less than 33%. However, on 3 perusal of the impugned order, it appears that, the affected land in each case is more than 50%. 5. Considering the fact that there is cultivation of fruit bearing trees on the Petitioners’ lands and that the lands are situated close to a water source, and also considering the G.R. dated 09.11.2020, this Court holds that, the lands of the Petitioners are multiple year crop lands and the Petitioners are entitled to compensation at the rate of Rs.25,000/- per Hectare, limited to 2 hectares per person. The balance of compensation, after adjusting the compensation already disbursed, shall be paid to the Petitioners within a period of eight weeks from the date of production of the requisite documents by the Petitioners before the concerned Respondent - Authority. 6. The Petition stands disposed of with the above directions. (VAISHALI PATIL-JADHAV, J.) ( ARUN R. PEDNEKER, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 28/01/2026 11:28:41