: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.184 OF 2005 The State of Maharashtra .. Appellant V/s. Balu Baburao Dhande .. Respondent WITH FIRST APPEAL NO.185 OF 2005 The State of Maharashtra .. Appellant V/s. Eknath Kashinath Dhande .. Respondent WITH FIRST APPEAL NO.186 OF 2005 The State of Maharashtra .. Appellant V/s. Harishchandra Jayram Dhande .. Respondent WITH FIRST APPEAL NO.187 OF 2005 The State of Maharashtra .. Appellant V/s. Ravaji Baburao Dhande .. Respondent WITH FIRST APPEAL NO.188 OF 2005 The State of Maharashtra .. Appellant V/s. Baburao Apaji Dhande .. Respondent WITH FIRST APPEAL NO.189 OF 2005 The State of Maharashtra .. Appellant V/s. Ambadas Baburao Dhande .. Respondent : 2 : WITH FIRST APPEAL NO.190 OF 2005 The State of Maharashtra .. Appellant V/s. Ramkrishna Malu Dhande .. Respondent WITH FIRST APPEAL NO.191 OF 2005 The State of Maharashtra .. Appellant V/s. Nivrutti Murlidhar Dhande .. Respondent WITH FIRST APPEAL NO.192 OF 2005 The State of Maharashtra .. Appellant V/s. Nivrutti Murlidhar Dhande .. Respondent WITH FIRST APPEAL NO.193 OF 2005 The State of Maharashtra .. Appellant V/s. Yashvant Pandurang Bhor .. Respondent WITH FIRST APPEAL NO.194 OF 2005 The State of Maharashtra .. Appellant V/s. Madhukar Kacharu Bhor .. Respondent WITH FIRST APPEAL NO.195 OF 2005 The State of Maharashtra .. Appellant V/s. Tukaram Genu Dhande .. Respondent : 3 : WITH FIRST APPEAL NO.196 OF 2005 The State of Maharashtra .. Appellant V/s. Gafur Abbas Shaikh .. Respondent WITH FIRST APPEAL NO.197 OF 2005 The State of Maharashtra .. Appellant V/s. Devram Govind Bhor .. Respondent WITH FIRST APPEAL NO.198 OF 2005 The State of Maharashtra .. Appellant V/s. Bala Punja Dhande .. Respondent WITH FIRST APPEAL NO.199 OF 2005 The State of Maharashtra .. Appellant V/s. Bala Punja Dhande & Anr. .. Respondents WITH FIRST APPEAL NO.197 OF 2005 The State of Maharashtra .. Appellant V/s. Devram Govind Bhor .. Respondent WITH FIRST APPEAL NO.200 OF 2005 The State of Maharashtra .. Appellant V/s. Parasharam Shankar Dhande .. Respondent : 4 : WITH FIRST APPEAL NO.201 OF 2005 The State of Maharashtra .. Appellant V/s. Bahiru Ganpat Mande .. Respondent WITH FIRST APPEAL NO.202 OF 2005 The State of Maharashtra .. Appellant V/s. Bahiru Kisan Waje .. Respondent WITH FIRST APPEAL NO.203 OF 2005 The State of Maharashtra .. Appellant V/s. Yashwant Pandurang Bhor .. Respondent WITH FIRST APPEAL NO.204 OF 2005 The State of Maharashtra .. Appellant V/s. Bahuri Laxman Ugale .. Respondent WITH FIRST APPEAL NO.205 OF 2005 The State of Maharashtra .. Appellant V/s. Bhika Chima Dhande .. Respondent WITH FIRST APPEAL NO.206 OF 2005 The State of Maharashtra .. Appellant V/s. Valu Nana Dhande .. Respondent : 5 : WITH FIRST APPEAL NO.207 OF 2005 The State of Maharashtra .. Appellant V/s. Pandurang Punja Dhande .. Respondent WITH FIRST APPEAL NO.208 OF 2005 The State of Maharashtra .. Appellant V/s. Keru Arjun Dhande .. Respondent WITH FIRST APPEAL NO.209 OF 2005 The State of Maharashtra .. Appellant V/s. Gopala Punja Dhande .. Respondent WITH FIRST APPEAL NO.210 OF 2005 The State of Maharashtra .. Appellant V/s. Raghunath Bhaguji Bhor .. Respondent WITH FIRST APPEAL NO.211 OF 2005 The State of Maharashtra .. Appellant V/s. Kacharu Punja Khakale .. Respondent WITH FIRST APPEAL NO.212 OF 2005 The State of Maharashtra .. Appellant V/s. Vithoba Nana Dhande .. Respondent : 6 : WITH FIRST APPEAL NO.213 OF 2005 The State of Maharashtra .. Appellant V/s. Nana Bhika Dhande .. Respondent WITH FIRST APPEAL NO.214 OF 2005 The State of Maharashtra .. Appellant V/s. Madhukar Tukaram Dhande .. Respondent WITH FIRST APPEAL NO.216 OF 2005 The State of Maharashtra .. Appellant V/s. Nivrutti R. Khatale .. Respondent WITH FIRST APPEAL NO.217 OF 2005 The State of Maharashtra .. Appellant V/s. Nivrutti S. Nhavi & Anr. .. Respondents WITH FIRST APPEAL NO.218 OF 2005 The State of Maharashtra .. Appellant V/s. Babu Trimbak Bidave .. Respondent WITH FIRST APPEAL NO.219 OF 2005 The State of Maharashtra .. Appellant V/s. Chindhu Bhaguji Bhor .. Respondent : 7 : WITH FIRST APPEAL NO.220 OF 2005 The State of Maharashtra .. Appellant V/s. Abaji Bhaguji Bhor .. Respondent WITH FIRST APPEAL NO.221 OF 2005 The State of Maharashtra .. Appellant V/s. Bajirao Dagadu Dhande .. Respondent WITH FIRST APPEAL NO.222 OF 2005 The State of Maharashtra .. Appellant V/s. Chhaba Shiva Donde .. Respondent WITH FIRST APPEAL NO.223 OF 2005 The State of Maharashtra .. Appellant V/s. Gajiram Narayan Bhor .. Respondent WITH FIRST APPEAL NO.224 OF 2005 The State of Maharashtra .. Appellant V/s. Rambhau Pandurang Bhor .. Respondent WITH FIRST APPEAL NO.225 OF 2005 The State of Maharashtra .. Appellant V/s. Nana Nagu Dhande .. Respondent : 8 : WITH FIRST APPEAL NO.226 OF 2005 The State of Maharashtra .. Appellant V/s. Murlidhar Dagadu Dhande .. Respondent WITH FIRST APPEAL NO.227 OF 2005 The State of Maharashtra .. Appellant V/s. Hirabai Raghunath Bhor .. Respondent WITH FIRST APPEAL NO.228 OF 2005 The State of Maharashtra .. Appellant V/s. Sonabai Nana Dhande .. Respondent WITH FIRST APPEAL NO.229 OF 2005 The State of Maharashtra .. Appellant V/s. Muktabai Bahiru Nhavi .. Respondent WITH FIRST APPEAL NO.230 OF 2005 The State of Maharashtra .. Appellant V/s. Kisan Baburao Dhande .. Respondent WITH FIRST APPEAL NO.231 OF 2005 The State of Maharashtra .. Appellant V/s. Tukaram Genu Dhande .. Respondent : 9 : WITH FIRST APPEAL NO.232 OF 2005 The State of Maharashtra .. Appellant V/s. Ashok Baburao Dhande .. Respondent WITH FIRST APPEAL NO.233 OF 2005 The State of Maharashtra .. Appellant V/s. Santu Balwant Dhande .. Respondent WITH FIRST APPEAL NO.234 OF 2005 The State of Maharashtra .. Appellant V/s. Baburao Ganpat Dhande .. Respondent WITH FIRST APPEAL NO.235 OF 2005 The State of Maharashtra .. Appellant V/s. Kacharu Hari Bhor .. Respondent ............ Mrs. Geeta Mulekar, AGP in FA no.184/05 to FA no.195/05. Mrs. S.S.. Sonawane, AGP in FA nos.196/05 to 205/05 Mr. S.P. Manchekar, AGP in FA nos.206/05 to 215/05 Mr. J.P. Yagnik, AGP in FA nos.216/05 to 225/05 Mr. V.S. Mhispurkar, AGP in FA nos.226/05 to 235/05 for the appellant/s Mr. S.M. Gorwadkar for respondent no.1. Mr. K.B. Sonwalkar, for respondent no.2. ......... CORAM : D. B. BHOSALE & R.Y.GANOO, JJ. FEBRUARY, 10th 2010. : 10 : ORAL JUDGMENT : (PER D.B. BHOSALE, J.) 1. This group of 52 appeals is directed against the common judgment and award dated 31.3.2003 passed by the learned Joint District Judge, Nashik, disposing of 52 land References made under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”) by the Special Land Acquisition Officer (for short “the S.L.A.O.”). Aggrieved from the enhancement granted by the Reference Court, the State Government has filed these appeals. As all these appeals are directed against the same judgment, they are being disposed of by this common judgment. 2. The background facts in a nutshell are as follows: the S.L.A.O. issued a notification under Section 4 of the Act on 14.09.1993 intending to acquire lands from the village Rayambe, Taluka Igatpuri, Dist. Nashik for a purpose, namely, Mukane Dam Project. In furtherance to the above notification, a declaration under Section 6 was issued on 30.6.1994, acquiring lands from this village. The S.L.A.O., after following the prescribed procedure, made and published the award dated 24.07.1995 and depending upon the location and nature of the lands, awarded compensation at varying rates from a minimum being Rs.33,000/- per hector to Rs.84,563/- per hector. The claimants being dis-satisfied from : 11 : the compensation awarded to them by the Collector filed applications for enhancement of the compensation. These references filed under Section 18 of the Act on 22.4.1996 were forwarded to the Court of competent jurisdiction for determination of compensation payable to the claimants in terms of Section 23 of the Act. Parties were allowed to lead evidence. After taking into consideration the evidence led by the parties, the Reference Court segregated the lands involved in these references into three categories, and vide its award-cum-judgment dated 31.3.2003, enhanced the compensation payable to the claimants to Rs.1,68,000/- per hector for double crop land, Rs.1,12,000/- per hector for single crop land and Rs.56,000/- per hector for potkharaba land. 3. We do not propose to record detailed reasons in view of the order we propose to pass, and considering that the learned Counsel for the respondents have fairly agreed for reduction of the compensation payable to the claimants for their “double crop lands” and keeping the compensation awarded by the Reference Court for their single crop and potkharaba lands unaltered. 4. Mr. Mulekar, learned AGP at the outset invited our attention to the judgment of this Court in State of Maharashtra v/s. Pooja Trambak : 12 : 2008 (5), M.L.J 243 and submitted that in this case, this Court considered 21 appeals arising from 21 land references made under Section 18 of the Act. These all cases were arising from the notifications under Section 4 and 6 of the Act dated 14.9.1993 and 30.6.1994 respectively, whereby the lands from village Sanjegaon, Tal. Igatpuri, Dist. Nashik were acquired for the very same public purpose, namely Mukane Dam Project. She submitted that Sanjegaon, Nandadgaon and Rayambe, are all neighbouring villages from Taluka Igatpuri, Dist. Nashik. She submitted that quality of the lands in these villages is similar and they are comparable with each other. She, therefore, submitted that the respondents-claimants in the present appeals are not entitled for more compensation than what has been awarded by this Court for the lands in the villages Sanjanegaon and Nandadgaon. In other words, she submitted that the claimants in these appeals are at the most entitled for compensation that was awarded for the Bagayat lands in villages Sanjegaon and Nandadgaon, for double crop lands in their village Rayambe. She then submitted that insofar as single crop and potkharaba lands are concerned the claimants are not entitled for anything more than what has been awarded by the impugned judgment-cum-award, since the claimants have not challenged the judgment/award and/or have not filed cross-objections seeking enhancement of the compensation. On the other hand, the learned Counsel for the claimants and for the acquiring body, on : 13 : instructions, fairly stated that they have no objection for reduction of the compensation awarded by the Reference Court for the double crop lands to the extent of the compensation awarded by this Court for Bagayat lands within the jurisdiction of Sanjegaon and Nandadgaon. The learned Counsel for the respondent-claimants also submitted that the claimants have no objection for retaining the same compensation, in respect of Jirayat/Single crop and Potkharaba lands, as awarded by the impugned Judgment and award. 5. The chart showing the compensation awarded in respect of the lands in these 3 villages, reads thus:- A B C First Appeal 1339/06 to 1359/06 First Appeal 1171/2007 Present First Appeal 184/05 to 235/05 Reported in 2008(5)MLJ 243 2008(4) MLJ 626 Present Matter Village Sanjegaon Nandadgaon Rayambe Acquired for Mukane Dam Project Mukane Dam Project Mukane Dam Project Section 4 Notification 17.02.1994 23.05.1994 14.09.1993 Date of Award 24.07.1995 Rate Given by SLAO 40,000/- to 1,10,000/- per Hector 40,000/- to 83,000/- per Hector 33,000/- to 84,563/- per Hector : 14 : Rate given by Reference Court 2,16,924/- P.H. For Bagayat 1,73,539/- P.H. For Jirayat 86,770/- P.H. For Potkharaba 1,71,778/- P.H. Uniformly. 1,68,000/- P.H. for double crop land 1,12,000/- P.H. for Single Crop land 56,000/- P.H. for Potkharaba Rate given by High Court 1,58,655/- P.H. for Bagayat 1,26,924/- P.H. for Jirayat 1,07,886/- P.H. for Potkharaba 1,58,655/- P.H. for Bagayat 1,26,924/- P.H. for Jirayat 1,07,886/- P.H. for Potkharaba 6. So far as the single crop and potkharaba lands involved in these appeals are concerned, the compensation awarded by the Reference Court is not under challenge and that the claimants in respect thereof have accepted the compensation awarded by the impugned award. Moreover, admittedly the claimants have not filed cross-objections seeking enhancement of the compensation awarded by the Reference Court in respect of their single crop and potkharaba lands. 7. It may be noticed that the notification under Section 4 of the Act, insofar as village Rayambe is concerned, was issued about 6 months before the notification under Section 4 issued in respect of the lands situate within the limits of the village Sanjegaon, and perhaps that also seems to be the reason why the respondents-claimants in these appeals have instantly agreed for reduction of the compensation from Rs.1,68,000/- per : 15 : hector to Rs.1,58,655/- per hector for double crop lands. In view of the consent given by the respondents-claimants and the acquiring body, we do not intend to or need to record any reasons for reducing the amount of compensation awarded for double crop lands from Rs.1,68,000/- to Rs. 1,58,655/- in these appeals, and for retaining the compensation awarded by the impugned judgment for single crop and potkharaba lands. 8. In the result, we partly allow the State appeals to the extent, referred above. To conclude, the claimants would be entitled to the following reliefs :- (i) The claimants would be entitled to receive compensation for acquisition of their “double crop land” in identical terms as granted by this Court for the bagayat lands in villlage Sanjegaon i.e. @ Rs.1,58,655/- per hector. (ii) The claimants would be entitled to receive statutory benefits of interest under Section 34 of the Act i.e. 9% for the first year and at the rate of 15% for the remaining period beyond the first year in terms of Section 34 of the Act. (iii) The claimants would be entitled to benefit of Section 23(1A) of the : 16 : Act from the date of publishing the notification in the Government Gazette under Section 4 of the Act i.e. dated 14.9.1993 till the date of award, instead of the date of possession on 1st July, 1994. (iv) The judgment and award of the Reference Court in respect of single crop and potkharaba lands shall remain unaltered and / or stand confirmed. (v) The S.L.A.O. is directed to recalculate the compensation payable in respect of double crop lands of all the respondent-claimants in terms of this judgment. All the appeals are accordingly disposed of. In view of the disposal of the appeals, civil applications, if any, filed by either of the parties also stand disposed of. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]