1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION CAF NO.1688 OF 2011 IN FIRST APPEAL NO. 200/1992 THE STATE OF MAHARASHTRA ..VS.. SHAIKH PIRU S/O PURAN MUSALMAN Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri D.G. Patil, advocate for applicant/ cross-objector Shri S.B.Ahirkar, A G P for non applicant. CORAM : A.B. CHAUDHARI, J. DATED : 21st November, 2011. This is an application for permission to amend the claim statement in order to claim compensation @ Rs.8/-per square feet. Reliance is placed on Full Bench Judgment of this court in the case of State of Maharashtra ..vs.. Sitaram Narayan Patil. The Full Bench speaking about the power of the High Court to allow amendment to the claim statement has stated thus: “2.The amendment so as to enhance the compensation claimed in the application for reference under section 18 of the Act can be allowed before the Reference Court as well as at the stage of an Appeal in the High Court arising out of the decision of the Reference Court. However, while granting amendment so as to enhance the compensation, the general principals for considering an application for amendment made under Order 6 Rule 17 of the Code of Civil Procedure, 1908 are applicable.” 2 The Full Bench again as to the power of the court to allow amendment stated thus in paragraph 29 of the said judgment: “Thus, when the nature of the proceedings before the Reference Court are such as placing the applicant in the position of plaintiff and his application a plaint so also the burden cast upon him in law, then, one can safely hold that what are filed before the Reference Court are pleadings. Once the object and purpose is to award compensation at the market value for a land acquired for public purpose, then, it would not be proper to hold that the Court while determining the matter referred under section 18 of the Act does not have any power to allow the amendment of the pleadings. Of course, the ambit and scope of this discretionary power does not mean all amendments prayed for should be granted straightaway. The discretion must be exercised judiciously.” I have perused the amendment application and I find from the record that similarly situated land holders were granted rate of 8/- per square feet by the Division Bench of this Court in First Appeal No.454/1993 decided on 26.11.2007 which has been accepted by the State. Consequently, I do not find any reason to treat the respondent/ claimant herein differently. Hence, the civil application for amendment is allowed. Amendment be carried out. JUDGE SMP