1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1405/2003 Bhagwan s/o Arjun Giri Age major, Occ-Agril R/o Makani, Tq. Umarga, District Osmanabad. .. APPELLANT VERSUS The State of Maharashtra through Collector,Osmanabad .. RESPONDENT .... Shri S.K.Shelke, Advocate for appellant. Shri N.H.Borade,AGP. for respondent. .... CORAM : R.K.DESHPANDE,J. DATE : 11/08/2009 ORAL JUDGMENT : 1] This appeal arises out of group of land acquisition references decided by learned Civil Judge, Senior Division, Osmanabad, on various dates. The lands which were situated at village Makni, 2 Tq.Omerga, District Osmanabad were acquired by the Government for the purpose of Lower Terna Project. Notification regarding acquisition under Section 4 of the Land Acquisition Act was published on 2/12/1982. In this First Appeal, the Special Land Acquisition Officer has awarded compensation at the rate of Rs.3600/- per acre, the Reference Court has awarded the compensation at the rate of Rs. 10,000/- per acre. 2] Being dissatisfied by the award dated 17/8/1991 passed by learned Joint Civil Judge, Senior Division, Osmanabad in Land Acquisition Reference No.164/1987, the present appeal has been preferred. 3] The learned counsel for the appellant Shri Shelke, relied upon the common judgment of this Court delivered in First Appeal No. 574/1992 with First Appeal No.38/1993 decided on 8 th January 2008, copy of which is taken on record and marked as “X” for identification. The learned counsel also relied upon the judgment dated 16/6/2009 passed in connected matters by another Single Judge of this Court, copy of which is placed on record and marked as “Y” for identification. There is one another judgment dated 1/4/2009 delivered in group of matters, which is also placed on record and marked as “Z” for 3 identification. In all these matters, it has been held that the market value of the lands acquired shall be at Rs.17000/- per Acre. In view of this, the market rate in respect of land in question which is involved in the present appeal, needs to be enhanced. The appeal thus succeeds. The appellant shall be entitled to market value of the land at the rate of Rs.17,000/- per Acre. The appellant shall also be entitled to the solatium as well as additional compensation as per the provisions of the Land Acquisition Act. The appeal is accordingly allowed. Parties shall bear their own costs. [R.K.DESHPANDE] JUDGE umg/fa1405-03