1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 1400 OF 2009 Jagdeorao s/o nagorao Waghmare ...Appellant Versus The State of Maharashtra ...Respondent ..... Mr. G.N. Chincholkar, advocate for the appellant Mr. Korde, A.G.P. for respondent ..... CORAM: R.G. KETKAR, J. DATED: 24TH NOVEMBER, 2009 PER COURT:- 1 Heard Shri Chincholkar, learned counsel for the appellant and Shri Korde, learned A.G.P. for the respondent. 2 Admit. By consent of the parties, taken up for final disposal forthwith. 3 The present appeal is directed against the judgment and order dated 23.3.1989, passed by the learned C.J.S.D. Nanded in Land Acquisition reference Nos. 55 of 1986 to 58 of 1986. By the impugned judgment and order, the learned Judge awarded compensation to the land owners @ Rs.15,000/- per hectare. It is a common ground between the 2 counsel appearing for the parties that the controversy raised in the appeal has already been decided by this court in first appeal Nos. 123 of 1993, 124 of 1993 and 130 of 1993. The said judgment was delivered on 3.7.2008. In those appeals and in the present appeal, the notification under Section 4 of the Land Acquisition Act 1894 was issued on 9.9.1982, for acquiring the lands for the public purpose i.e. Kayadu Branch Canal. The award was made on 27.1.1984. This court considered the sale instance dated 5.3.1981 and held that the market value is Rs.25,000/- per hectare. Both the learned counsel agree that this appeal can be disposed of in terms of the judgment rendered by this Court on 3.7.2008 in first appeal Nos. 123 of 1993, 124 of 1993 and 130 of 1993. 3 In the result, the appeal partly succeeds, The impugned judgment and order is modified to the extent that the market value in respect of the acquired lands shall be fixed at Rs.25,000/- instead of Rs.15,000/- per hectare. The rest of the awards passed by the trial court regarding grant of statutory benefits and costs are maintained as it is. The Reference Court will complete the exercise of calculating the compensation on the basis of modified awards, within a period of three months from the date of receipt of writ of this judgment. 4 The appeal is partly allowed in the above terms with no order as to costs. (R.G.KETKAR, J.) rlj/ 3