:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL STAMP NO. 1605 OF 2008 Lahanu Aba Shinde (Deceased) Through Legal Heirs 1. Kalu Lahanu Shinde and ors. ..Appellants Vs. The State of Maharashtra through 1. The Special Land Acquisition Officer and anr. ..Respondents Mr. Sachin Gite for appellants. Mrs.G.P. Mulekar, AGP for State. CORAM: B.H. MARLAPALLE & CORAM: B.H. MARLAPALLE & CORAM: B.H. MARLAPALLE & D.B. BHOSALE,JJ. D.B. BHOSALE,JJ. D.B. BHOSALE,JJ. Dated: September 01, 2008. Dated: September 01, 2008. Dated: September 01, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Gite the learned counsel for the appellants-claimants. 2. Admit. Mrs. Mulekar, the learned AGP waives service for the State. 3. Appeal is taken up for final hearing forthwith by consent of the parties. Printing and paper book is dispensed with. :2: 4. This appeal is directed against a common judgment and order rendered by the learned II Ad-hoc Additional District Judge at Nasik on 14/2/2006 thereby deciding 165 different Land References filed by the claimants and all the claimants were the land owners of the respective agricultural land located at village Mukane, Taluka Igatpuri, District Nasik. The appellants’ reference number was LR No. 279 of 1997. By the impugned award the appellants’ father was paid market value of Rs.2,12,500/- per hector for jirayat land and Rs.1,06,250/- per hector for pot-kharaba land. The land value came to Rs.1,36,000/- and the total enhanced compensation came to Rs.2,00,600/- as against the total amount of Rs.63,975/- awarded by the Special Land Acquisition Officer. The respondent had challenged the award passed in favour of the present appellants by filing First Appeal No. 2543 of 2007 and it came to be dismissed by a common judgment dated 31/1/2008 rendered by the First Court. A number of First Appeals were filed by the State Government and Cross Objections were filed by the claimants against the very same common award passed by the Reference :3: Court and all these appeals as well as the Cross Objections came to be decided by the common judgment dated 31/1/2008 in First Appeal No. 1377 of 2007 and all connected appeals. By the said common judgment, this court has fixed the market value for the jirayat land at the rate of Rs.2,33,750/- per hectare and for the pot-kharaba land at the rate of Rs.1,16,875/- per hectare. 5. In view of the common judgment rendered by this court on 31/1/2008, this appeal also is required to be partly allowed and in terms of the relief granted by the said common judgment in favour of the land owners. 6. Hence, this appeal succeeds partly and we would enhance the compensation payable to the appellants as follows:- (a) Market value for the Jirayat land is fixed at the rate of Rs.2,33,750/- per hectare. (b) Market value for the pot-kharaba land is :4: fixed at the rate of Rs.1,16,875/- per hectare. (c) In addition to the market value, the claimants would be entitled to receive the statutory benefits of Section 23(1-A) of the Land Acquisition Act, 1894 with effect from 5/5/1994 till the date of the award i.e. 20/10/1995 and also the benefit under Section 28 of the said Act for the period admissible in accordance with law. 7. The appeal is partly allowed. Decree be drawn up accordingly. (D.B. Bhosale,J.) (D.B. Bhosale,J.) (D.B. Bhosale,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)