1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1241 OF 2009 The State of Maharashtra .... Appellant V/s. Shri Ganpat Raghoba Narkar .... Respondent ..... Mr.Geeta P.Mulekar, AGP, for the appellant-State. Mr.A.M.Koyande,Advocate, for respondent nos. 1 to 5. ..... CORAM : J.H.BHATIA, J. DATE : 4th September, 2009. P.C. 1 Heard the learned counsel for the parties. 2 This is an appeal against the enhancement of compensation by the reference Court. The Land measuring 0-16 R from Gut No.2894 situated at Lanja belonging to the respondent-claimant was acquired under an Award passed on 31st October 1988. Notification under Section 4 of the Land Acquisition Act was published on 7th May 1987. The Land Acquisition Officer awarded the amount of Rs.14,197/- as a compensation. On the reference application made by the claimant, the matter was referred to the Civil Judge, Senior Division, Ratnagiri. The Reference 2 Court held that the compensation awarded was not adequate. The Reference Court considered three sale transactions of the same period and came to the conclusion that the average price paid in those transaction was Rs.2,699/- per Are and therefore, the market value of the 0-16 R land of the claimant could be Rs.43,200/-. Accordingly, the Award was passed granting the said amount as compensation with interest and solatium. 3 The learned AGP appearing for the State-Appellant could not point out how the market value assessed by the Reference Court is incorrect. The Land Acquisition Officer did not consider any sale transaction, while the Reference Court had considered three sale transactions of the lands situated near the property involved in this matter. The transactions were of the same period. Therefore in my considered opinion, no fault could be found in the finding that the market value of the land was Rs. 43,193/-. 3 The learned AGP, however, pointed out that in the final order, the Reference Court has not directed to deduct the amount of compensation which was awarded 3 by the Special Land Acquisition Officer and paid to the defendant. In fact, it was necessary to give such direction. The learned counsel for the respondent also conceded that if the amount has been paid, it will have to be deducted from the compensation awarded by the Reference Court. 4 Therefore, the appeal is partly allowed and the impugned order stands modified as follows : The respondent-claimant shall be entitled to amount of Rs.43,200/- as compensation being the market value with additional component at the rate of Rs.12 % p.a. from the date of Notification under Section 4 of the Land Acquisition Act, till the date of taking possession of the land. And in addition, he will also be entitled to solatium at rate of 30 % of the market value as above. The amount of compensation shall carry interest at the rate of Rs.12% p.a. from the date of award till realization of amount. The amount of Rs.14,197/- awarded by the Special Land Acquisition Officer as compensation, if already paid to the claimant, shall be liable to be deducted from the compensation now awarded. 4 Appeal stands disposed of accordingly. (J.H.BHATIA, J.)