1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No. 251 /1998 1. The Regional Officer, Maharashtra Industrial Development Corporation, Udyog Bhavan, Civil Lines, Nagpur (MIDC thr. Its Chief Executive Office, having its Head Office at Mahakali Caves Road, Andheri (East), Mumbai-400 093, represented by the Regional Officer, MIDC, Nagpur.) 2. The Sub-Divisional Officer & Land Acquisition Officer, Bhandara. ….......... APPELLANTS ...VERSUS... Gowardhan s/o. Shivram Thote, Aged about 73 yrs., r/o. Post and Tqh. Mohadi, Distt. Bhandara. …........ RESPONDENTS ----------------------------------------------------------------------------------------------------------------------- Ms Ashwini Athalay, Advocate for appellants. Mr. Bhushan Mohta, Advocate for respondent. CORAM: R. K. DESHPANDE, J. DATE : FEBRUARY 17, 2010. ORAL JUDGMENT 1. Present appeal has been preferred by the acquiring body i.e. 2 Maharashtra Industrial Development Corporation challenging the common judgment and order dt. 5.2.1997 passed by the learned Additional District Judge, Bhandara in Land Acquisition Case No. 5 of 1994. 2. The facts leading to the cases are as under : By a common Notification dated 14.02.1991 issued under Section 4 of the Land Acquisition Act which is equivalent to Section 32(2) of the Maharashtra Industrial Development Act, the acquiring body acquired the lands survey nos. 139 admeasuring 1.29 H-R, survey no.132/2 admeasuring 1.39 H-R, survey no. 134 admeasuring 2.78 H-R survey No. 132/1 admeasuring 1.38 H-R, survey No. 133 admeasuring 2.69 H-R situated at village Wadegaon and Mohadi, District Bhandara. The Land Acquisition Officer, by his common award dated 13.12.1993, determined the market value of the lands acquire at the rate of Rs.41,250/- per Hectare. 3. The claimants, who are the owners of Gat No.133, admeasuring 2 H 69 R, not being satisfied, by this common Award passed in Land Acquisition Case Nos. 6/1994, 3/1994, 5/1994, 2/1994 and 4/1994. All these Land Acquisition cases are tried and decided by learned Additional District Judge, Bhandara by its common judgment and order dated 05.12.1997. The reference Court enhanced the compensation at the rate of Rs. 60,000/- per hectare as against the market value of 3 Rs. 41,250/- determined by the Land Acquisition Officer. The appellant-M.I.D.C. being aggrieved by order passed by reference Court has filed all these First Appeals Nos. 175/98, 177/98, 251/98, 252/98 and 264/98. 4. This Court has decided First Appeal No. 175 of 1998 challenging the common judgment and order dt. 5.12.1997 passed in Land Acquisition Case No.6 of 1997. The appeal has been allowed and it has been held that the claimants are entitled to compensation in respect of the lands under Acquisition @ Rs.41,250/- per hectare as determined by the Land Acquisition Officer. Rest of the entitlements were directed to be calculated and determined on the basis of the market value of land at Rs.41,250/- per hectare. Copy of the judgment and order dt. 5th/8th February, 2010 passed by this Court in First Appeal No.175 of 1998 is placed on record of this First Appeal and marked as “X” for identification. 5. Following facts in this appeal and Appeal No.175 of 1998 are found to be common and undisputed : a) The lands under acquisition were acquired for the same purpose by same notification dt. 14.2.1991. b) The Land Acquisition Officer passed common Award dt. 13.12.1993 granting compensation to the claimants @ Rs.41,250/- per hectare. 4 c) The Reference Court, by its judgment and order dt. 5.12.1997 passed in all cases including the Land Acquisition Case No.6 of 1994 and Land Acquisition Case No.3 of 1994 granted enhancement of compensation @ Rs.60,000/- per hectare. 6. The finding recorded by the Reference Court for enhancement of compensation on the basis of sale instances at Exhs. 54, 55 and 59 has been set aside by this Court in First Appeal No. 175 of 1998, dt. 5th/8th February, 2010. 7. In view of above position, the instant appeal also needs to be allowed and the judgment and order dt. 5.12.1997 passed by the learned Judge of the Reference Court i.e. learned Additional District Judge, Bhandara in Land Acquisition Case No. 5 of 1994 is quashed and set aside and it is held that the claimants are entitled to compensation in respect of the lands under acquisition @ Rs.41,250/- per hectare as determined by the Special Land Acquisition Officer. Rest of the entitlements shall be calculated on the basis of market value of lands @ Rs.41,250/- per hectare. 8. This Court had admitted the instant appeal by order dated 18.07.1998 and stay was granted on the condition that the appellants shall deposit the entire decreetal amount with interest as per award in the reference Court. Accordingly, the 5 learned counsel for the appellants states that this amount has been deposited in the reference Court and pursis to that effect was filed which has been noted by this Court in the order dated 24.08.1998. 9. By an order dated 01.09.1998 this Court has permitted the claimants to withdraw the amount so deposited in the reference Court and it was made clear that in the event if the appeal succeeds the respondents shall refund the excess amount withdrawn with interest @ 12% per annum thereon within a period of two months from the date of decision of the appeal. 10. In view of the fact that the instant appeal has been allowed by setting aside the judgment and order passed by the reference Court on 05.12.1997, the respondents will have to refund the excess amount received by them in terms of order dated 01.09.1998 passed by this Court by redepositing it in the reference Court along with interest @ 12% after the total amount payable in respect of the land acquired as also the other entitlements of the claimants is determined. Hence, in order to comply with all these requirements, the matter is remitted back to the reference Court at Bhandara. 11. The reference Court shall calculate the entire amount of compensation payable to the claimants as per this judgment along with all other benefits, to which 6 the claimants are entitled to, in accordance with law. 12. The reference Court shall also determine the amount received by the claimants in excess of their entitlement and shall pass an order to refund the said amount with interest at the rate of 12% p.a. in accordance with law. 13. The reference Court shall carryout the entire exercise within a period of three months from the date of receipt of writ of this Court. JUDGE jaiswal