1 FA 1044......2002 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1044 OF 2002 WITH FIRST APPEAL NO. 1045 OF 2002 WITH FIRST APPEAL NO. 1046 OF 2002 WITH FIRST APPEAL NO. 1047 OF 2002 WITH FIRST APPEAL NO. 1048 OF 2002 WITH FIRST APPEAL NO. 1049 OF 2002 WITH FIRST APPEAL NO. 1050 OF 2002 WITH FIRST APPEAL NO. 1051 OF 2002 WITH FIRST APPEAL NO. 1052 OF 2002 WITH FIRST APPEAL NO. 1053 OF 2002 WITH FIRST APPEAL NO. 1054 OF 2002 WITH FIRST APPEAL NO. 1055 OF 2002 WITH FIRST APPEAL NO. 1056 OF 2002 WITH FIRST APPEAL NO. 1092 OF 2002 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 2 FA 1044......2002 Mr.V.G.Sakolkar, Advocate for the appellants. Mr.T.S.Londhe, Asstt. Govt. pleader for State. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 28/04/2011 PER COURT : 1. The present appellants are the original claimants, who had filed Reference U/s 18 of the Land Acquisition Act [ For short, ‘ L.A. Act ’ ]. The lands of the claimants were acquired for the purpose of Sakol Medium Project. For the said Project, the lands from villages Shend, Sambhu- Omerga and Daitana, Tq. Udgir, Dist. Latur were acquired. The Special Land Acquisition Officer [ For short, ‘ S.L.A.O. ’ ] awarded compensation for the dry lands @ Rs. 16,000/- per Hector, for seasonally irrigated land @ RS. 18,000/- per Hector and for perennially irrigated land @ Rs. 20,000/- per Hector. Being dis-satisfied with the amount of compensation awarded by the S.L.A.O., the claimants/land owners filed Reference U/s 18 of the L.A. Act. The Civil Judge (Sr.Division), Ahmedpur vide its Judgment and Award dated 12/12/2001 dismissed the References filed by the present appellants. Aggrieved thereby the claimants have filed the present Appeals. 2. Mr. V.G.Sakolkar, the learned counsel for 3 FA 1044......2002 the appellants submits that against the Award passed by the S.L.A.O., there were various land acquisition references filed before the Reference Court. In many of the References, the Civil Court had enhanced the compensation and granted compensation to the claimants @ Rs. 25,000/- per Hector for dry lands, Rs. 30,000/- per Hector for seasonally irrigated lands and Rs. 35,000/- per Hector for perennially irrigated lands. Aggrieved thereby, the State had filed various Appeals before this Court. This Court in First Appeal No. 134 of 2009 along with other connected First Appeals vide the Judgment dated 12/3/2009 confirmed the Judgment and Award passed by the Reference Court quantifying the compensation @ Rs. 25,000/- per Hector for dry land, Rs. 30,000/- per Hector for seasonally irrigated land and Rs. 35,000/- per Hector for perennially irrigated land, so also in other group of First Appeals bearing First Appeal Stamp No. 21774 of 2004 with connected First Appeals, this Court vide its Judgment and Order dated 2/2/2009 also confirmed the Judgment of the Civil Court granting compensation at the same rate i.e. Rs. 25,000/- per Acre for dry land, Rs. 30,000/- per Acre for seasonally irrigated land and Rs. 35,000/- per Acre for perennially irrigated land. 4 FA 1044......2002 3. The lands involved in the Appeals decided by this Court vide Judgment dated 2/2/2009 and the Judgment dated 12/3/2009 are in respect of the lands acquired for the same Project i.e. Sakol Medium Project and of the same villages. The said Judgments passed by the High Court have been accepted by the State. 4. When this Court has already confirmed the rates payable to the claimants for the lands acquired in respect of the Sakol Medium Project @ Rs. 25,000/- per Acre for dry land, Rs. 30,000/- per Acre for seasonally irrigated land and Rs. 35,000/- per Acre for perennially irrigated land and the said Judgment is also accepted by the State, as such, for the reasons recorded in the Judgment dated 12/3/2009 and 2/2/2009, so also considering the sale transactions relied, there is no reason for me to take different view of the matter. 5. In the present matters, the S.L.A.O. has awarded compensation to the claimants treating the lands as seasonally irrigated lands i.e. @ Rs. 18,000/- per hector. In view of that, the appellants would be entitled for compensation @ Rs. 30,000/- per Acre. 6. In light of the above facts, the First Appeals 5 FA 1044......2002 are partly allowed. The Judgment and Award passed by the Reference Court is quashed and set aside. It is held that the claimants are entitled for compensation @ Rs. 30,000/- per Acre. The Respondent is directed to pay the claimants the compensation of their lands acquired @ Rs. 30,000/- per Acre along with all statutory benefits i.e. solatium and interest U/s 28 and 34 of the L.A. Act. The First Appeals are accordingly disposed of, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/FA 1044........2002