1 F. A. No. 944/2006 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 944 OF 2006 Suryakant S/o Pandurang Babhalsure, Age : 34 Years, Occu. : Agril., R/o Killari, Tq. Ausa, Dist. Latur. .. Appellant Versus 1. The State of Maharashtra, Through Collector, Latur, Dist. Latur. 2. The Secretary and Special Commissioner, Earthquake Resettlement, Revenue and Forest Department, New Administrative Bhawan, 14th Floor, East Side, Opp. Mantralaya, Mumbai - 32. 3. The District Resettlement Officer (Earthquake-Resettlement), Collector Office, Latur. .. Respondents WITH FIRST APPEAL NO. 945 OF 2006 Chandrakant S/o Pandurang Babhalsure, Age : 36 Years, Occu. : Agril., R/o Killari, Tq. Ausa, Dist. Latur. .. Appellant 2 F. A. No. 944/2006 Versus 1. The State of Maharashtra, Through Collector, Latur, Dist. Latur. 2. The Secretary and Special Commissioner, Earthquake Resettlement, Revenue and Forest Department, New Administrative Bhawan, 14th Floor, East Side, Opp. Mantralaya, Mumbai - 32. 3. The District Resettlement Officer (Earthquake-Resettlement), Collector Office, Latur. .. Respondents Shri N. P. Patil (Jamalpurkar), Advocate for the Appellants. Shri K. M. Suryawanshi, A.G.P. for Respondent/State. WITH FIRST APPEAL NO. 1033 OF 2006 Malappa S/o Baliram Parsalge, Died through L.Rs. 1A) Smt. Rajabai W/o Malappa Parsalge, Age : 75 Years, Occu. : Household, R/o Killari, Tq. Ausa, Dist. Latur. 1B) Nilkanth S/o Malappa Parsalge, Age : 50 Years, Occu. : Agril., R/o As above. 3 F. A. No. 944/2006 1C) Ram S/o Malappa Parsalge, Age : 40 Years, Occu. : Agril., R/o As above. 1D) Shivshankar S/o Malappa Parsalge, Age : 35 Years, Occu. : Agril., R/o As above. 1E) Sow. Sukarmarbai W/o Narsapa Tachale, Age : 52 Years, Occu. : Household, R/o As above. 1F) Sow. Mangalbai W/o Shivshankar Nilgire, Age : 48 Years, Occu. : Household, R/o As above. 1G) Sow. Kasturbai W/o Manik Kasture, Age : 45 Years, Occu. : Household, R/o As above. 1H) Sow. Jayshree W/o Dayanand Vhanale, Age : 42 Years, Occu. : Household, R/o As above. .. Appellants Versus 1. The State of Maharashtra, Through its Collector, Latur, 2. The Secretary and Special Commissioner, Earthquake Resettlement, Revenue and Forest Department, New Administrative Bhawan, 4 F. A. No. 944/2006 14th Floor, East Side, Opp. Mantralaya, Mumbai - 32. 3. The District Resettlement Officer (Earthquake-Resettlement), Collector Office, Latur. .. Respondents Shri Mahesh S. Patil, Advocate for the Appellants. Shri K. M. Suryawanshi, A.G.P. for Respondent/State. CORAM : K. K. TATED, J. DATE : 15TH DECEMBER, 2010. ORAL JUDGMENT : . Heard learned counsel for the parties. These three first appeals are preferred by original claimants against the judgment and award dated 29th April, 2006 passed by IInd Ad-hoc Additional District Judge, Latur in land acquisition references. The Reference Court by common judgment and award passed order in four land acquisition references. In the present cases Special Land Acquisition Officer issued notification U/Sec. 4 of the Land Acquisition Act dated 28th July, 1994 for acquiring appellants land for the purpose of resettlement of village Killari destroyed in earthquake. After following due procedure of law, the Special Land Acquisition Officer declared award dated 5 F. A. No. 944/2006 31.03.1995 and awarded compensation. 2. Being aggrieved by the said award the appellants preferred References U/Sec. 18 of the Land Acquisition Act. In the said references, the Reference Court enhanced the compensation at the rate of Rs. 44,000/- per Hector to the appellants in F. A. No. 944/2006 and F. A. No. 945/2006 and at the rate of Rs. 68,000/- per Hector in F. A. No. 1033/2006. 3. Being aggrieved by the said judgment and award passed by the Reference Court, appellants/original claimants preferred these appeals claiming compensation in respect of acquired land at the rate of Rs. 1,00,000/- per acre i. e. 2,50,000/- per hector. Learned counsel Mr. Jamalpurkar Patil and learned counsel Mr. Patil appearing on behalf of appellants/original claimants submit that this Court in connected First Appeal No. 1001/2006 by judgment and award dated 26th February, 2010 held that the claimants are entitled compensation in respect of acquired land at the rate of Rs. 1,12,100/- per hector. He submits that in that first appeal lands were acquired for same purpose, by same notification and Special Land Acquisition Officer also passed common award dated 31st March, 1995. Not only that in the 6 F. A. No. 944/2006 present cases appellants also relied on the same sale instances which were referred in those matters. Therefore, he submits that, in the present cases also appellants are entitled compensation in respect of acquired at the rate of Rs. 1,12,100/- per hector. 4. Learned Assistant Government Pleader Mr. Suryawanshi appearing on behalf of respondents has not disputed these facts. 5. Our High Court in the matter of Bayaji Tatya Kalunge Vs. State of Maharashtra 2007 (2) All MR 316 held that, if land situated in same village acquired for same purpose and under same notification then claimants are entitled to compensation at same rate on ground of parity. Head note reads as under : "Land Acquisition Act (1894), Ss. 4(1), 18 - Acquisition of land - Claim of compensation - Parity - Lands situated in same village, acquired for same purpose under same notification - Claimants are entitled to compensation at the same rate on ground of parity." 6. Considering the judgment dated 26th February, 2010 passed by this Court (Coram : K. U. Chandiwal, J.) in First 7 F. A. No. 944/2006 Appeal No. 1001/2006 and First Appeal No. 1086/2006 decided by this Court (Coram : S. V. Gangapurwala, J.) on 14th October, 2010, appeals preferred by the original claimants are allowed holding that they are entitled compensation in respect of acquired land at the rate of Rs. 1,12,100/- per hector. Other statutory benefits awarded by the learned Reference Court remain unaltered. The appellants are entitled for statutory benefits in terms of enhanced compensation as indicated hereinabove. No order as to costs. [K. K. TATED, J.] bsb/Dec. 10