1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD First Appeal No.169 of 1993 Narmadabai w/of Kondbarao (died) through Legal Representative:- Kausalyabai w/o Marotrao Pole, age 55 years, occup. Agirculture, r/o Suregaon, Taluka Hingoli. Appellant District Parbhani. Petitioner versus 1. The State of Maharashtra, through the Collector, Parbhani. 2. The Additional Special Land Land Acquisition Officer, Kalamnuri, Dist. Parbhani. Respondents Shri B.S. Kudale, Advocate, for the appellant. Shri D.V. Tele, AGP, for the Respondents. 2 CORAM: P.R. Borkar, jJ DATE: 15th June 2009. Oral Judgment 1. Heard learned Advocate for the appellant and learned AGP for the Respondents. 2. This is an appeal preferred by the claimant, being dissatisfied with the judgment and award passed by L.A.R no.176 of 1991 decided by learned Civil Judge, Senior Division, Hingoli on 15.10.1991. The property of the appellant was acquired for Upper Penganga Project. Property was from survey No.50 admeasuring 13 Hectare 14 R. and survey No. 51 to the extent of 6 Hectare 37 R. situated at village Ganjapur, Taluka Kalamnuri. The lands acquired totally admeasured 19 Hectare 85 R. Compensation at Rs.4500 per hectare was awarded by the Special Land Acquisition Officer. Being dissatisfied with the said compensation, present appellant-claimant filed reference under Section 18 of the Land Acquisition Act It is no more disputed that notification under Section 4 of the Land Acquisition Act was published on 18.2.1974. Notification under Section 6 was issued on 19.11.1975 and was published in Government Gazette dated 8.1.1976. The Special 3 Land Acquisition Officer passed the Award on 24.3.1977. 3. Learned Reference court awarded compensation at Rs.4400 per acre, relying upon sale deed at Exh.18 and certified copy of judgment in L.A.R . 87 OF 1979 at Exh.20. 4. Learned counsel Shri Kudale has pointed out that the learned Civil Judge ought to have also considered the sale instance produced at Exh.19. The sale deed at Exh.18 is in respect of one acre out of survey No.25/1 admeasuring 5 H. 40 R. The said 40 R. land was sold for consideration of Rs. 4500. It was a property situated at village Isapur. 5. At Exhibit 19, there is a sale deed executed by one Vithal Jamkar in favour of Dr. Madhavrao Naik. Out of survey No.43, situated at village Isapur, Taluka Pusad, 1 hectare 41 R. land was sold for Rs.20,000/=. The sale deed is dated 12.1.1971. In this case, notification under Section 4 was issued on 18.2.1974. Rate comes to Rs.14, 214 per hectare as per the sale deed at Exh.19. The date of notification under Section 4 of the Act is 18.2.1974 which is subsequent to it. So, we can consider market price at Rs.15,000/= per hectare, three years later. In these circumstances, in my opinion, compensation ought 4 to have been awarded at least at the rate of Rs. 15,000/= per hectare. 6. Hence, appeal is allowed to that extent. It is held that the appellant is entitled to market price at Rs.15,000/= per hectare for the land acquired together with 30 per cent solatium and 12 per cent component under Section 23(1A) of the Land Acquisition Act, along with interest as per Section 28of the Act. (P.R.BORKAR, J.) pnd/oo fa169.93