fa1025.07 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 1025 OF 2007 1 Vijayabai d/o Rishikesh Bhosle age 45 years, occ. household 2. Godavaribai d/o Rishikesh Bhosle age 50 years, occ. household Both r/o Killari, Tq. Ausa Dist. Latur. .. APPELLANTS VERSUS 1. The State of Maharashtra through the Collector, Latur 2. The District Resettlement Officer Latur .. RESPONDENTS WITH FIRST APPEAL NO. 1026 OF 2007 1 Manoj s/o Ashok Bhosle age 25 years, occ. education. 2. Uma d/o Ashok Bhosle age 22 years, occ. education Both minors u/g of Vithalrao Madhavrao Bhosle age 65 years, occ. agril r/o Killari, Tq. Ausa, Dist. Latur. .. APPELLANTS VERSUS fa1025.07 2 1. The State of Maharashtra through the Collector, Latur 2. The District Resettlement Officer Latur .. RESPONDENTS Mr. S.S. Manale, advocate for the appellants. Mrs. V.A. Shinde, AGP for the State. ===== CORAM : A.V. POTDAR DATE : 2 nd DECEMBER, 2011 ORAL JUDGMENT : 1. Challenge in these two appeals is to the judgment and award passed in LAR Nos. 537/97 and 536/97 disposed of by the common judgment and award dated 23-04-2007 passed by the Civil Judge, Sr.Dn., Latur. Hence both these appeals are disposed of by one common judgment. 2. Such of the facts which are not disputed are summarised as below : . Land of the appellants in First Appeal No. 1025/2007 admeasuring 2 H and 24 R is situated in survey no. 47 at village Killari, Tq. & Dist. Latur while land of the appellants in First Appeal No. 1026/2007 admeasuring 6 H and 20 R is situated in survey no. 45 in the same village. Notification under section 4 of the Land Acquisition Act was admittedly published on 28-7-1994 and the fa1025.07 3 Land Acquisition Officer passed award on 31-3-1995. The Land Acquisition Officer awarded compensation at the rate of Rs. 360/- per R. After notice of the award, amount awarded was accepted by appellants under protest. According to the appellants, amount awarded by the Land Acquisition Officer is very meager and hence they filed reference under section 18 of the Land Acquisition Act. Reference Court vide judgment delivered on 23-04-2007, enhanced the amount of compensation in the sum of Rs. 720/- per R. Being aggrieved by the said enhanced amount of compensation granted by the Reference Court, appellants are before this Court questioning the correctness of the judgment passed by the reference court. 3. Today, when these appeals came up for hearing before this Court, learned counsel for appellants placed on record judgment passed by the learned Single Judge of this Court in First Appeal No. 101/2006 and other companion appeals which came to be decided on 26-02-2010. Similarly, learned counsel for appellants placed before this Court copy of judgment dated 14-10-2010 in another group of appeals delivered by the learned Single Judge of this Court. In both these group of appeals, enhancement was granted from Rs. 720/- per R to Rs. 1121/- per R. It is urged that reference court has disposed of about 52 references and all these judgments and fa1025.07 4 awards were challenged before this Court. Subject matter of both the judgments referred above is acquisition of lands for rehabilitation purpose of the earthquake affected persons. Lands of the appellants in the instant appeal are also acquired for the same purpose and they are also from the same village. Hence, the rate of enhancement granted in both these appeals is squarely applicable in these appeals also. 4. In paragraph Nos. 6 and 7 of the judgment passed on 14-10-2010 it is observed thus : 6. In view of the fact that this Court has already decided the amount of compensation to be paid to the similarly situated claimants in F.A. No. 1001/2006 and other companion appeals whose lands were acquired for the same Project, I would concur with the view expressed by the learned Single Judge in the said appeals and for the reasons recorded in the said appeals, I also partly allow these appeals and award the same compensation. As such the following order is passed as is passed in said F.A. No. 1001/2006 and other companion appeals. 7. All these appeals are partly allowed. The State to pay enhanced compensation in respect of the lands, subject matter of acquisition and subject matter of present appeals at the rate of Rs. 1121/- per R. ( at the rate of Rs. 44,840/- per acre i.e. at the rate of Rs. 1,12,100/- per Hectare). Other statutory benefits awarded by the learned Reference Court remain unaltered. The appellants are entitled for the statutory benefits in terms of the enhancement indicated herein above. No costs. fa1025.07 5 5. Learned AGP has accepted this preposition. In the light of this, appeals deserve following order : ORDER 1. Both appeals are allowed in terms of the observations quoted in the paragraph No. 7 of the judgment in group of appeals being First Appeal No. 1086/2006 and other companion appeals decided on 14-10-2010. 2. Both appeals being partly allowed as indicated above, stand disposed of. 3. No costs. ( A.V. POTDAR ) JUDGE dyb