1 fa399.94 IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 399 OF 1994 The State of Maharashtra through the Special Land Acquisition Officer Jalgaon .. APPELLANT VERSUS Vikram Govinda Patil age 65 years, occ. farmer r/o Veruli, Tq. Pachora .. RESPONDENT WITH FIRST APPEAL NO. 396 OF 1994 The State of Maharashtra Through the Special Land Acquisition Officer Jalgaon .. APPELLANT VERSUS Shivaji Shripat Patil age 40 years, occ. farmer r/o Veruli, Tq. Pachora .. RESPONDENT WITH FIRST APPEAL NO. 397 OF 1994 The State of Maharashtra Through the Special Land Acquisition Officer Jalgaon .. APPELLANT VERSUS 2 fa399.94 Prabhakar Mahadu Bhil age 52 years, occ. farmer r/o Veruli Khd., Tq. Pachor .. RESPONDENT WITH FIRST APPEAL NO. 398 OF 1994 The State of Maharashtra through the Special Land Acquisition Officer, Jalgaon .. APPELLANT VERSUS Dharamraj Baburao Patil age 40 years, occ. farmer r/o Veruli, Tq. Pachora .. RESPONDENT WITH FIRST APPEAL NO. 400 OF 1994 The State of Maharashtra through the Special Land Acquisition Officer, Jalgaon .. APPELLANT VERSUS Dodhu Sitaram Patil age 30 years, occ. farmer r/o Veruli, Tq. Pachora .. RESPONDENT Mr. K.S. Patil, AGP for the State. Mr. V.D. Gunale, advocate for respondents. === 3 fa399.94 CORAM : R.M. BORDE, J. DATE : 30 th JUNE, 2011. ORAL JUDGMENT : 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Jalgaon in LAR no. 27/1989 and other companion reference applications decided on 27-9-1993. 2 Agricultural lands belonging to the respective claimants came to be acquired for irrigation project. Notification under section 4 of the Land Acquisition Act was issued on 19-12-1981 and award came to be passed by the Land Acquisition Officer, after following the procedure prescribed under the Act, on 2-9-1986. The Land Acquisition Officer offered compensation at the rate of Rs.7,500/- per H for Jirayat land and Rs. 15,000/- for Bagayat land. The Land Acquisition Officer offered compensation at the rate of Rs. 200/- per H for potkharap land. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court. Claimants claim that the lands acquired by the State Government are having irrigation facility and as 4 fa399.94 such, classification made by the Land Acquisition Officer in respect of some of the lands as Jirayat lands is erroneous. According to claimants, market value of the lands in the vicinity is around Rs. 70,000/- to Rs. 80,000/- per H. Reference court, after receiving the evidence lead by the claimants, reached conclusion that the proper market value of the acquired lands would be Rs. 62,000/- per H and accordingly, directed to make payment of enhanced amount of compensation. The State, being aggrieved by the judgment and award passed by the reference court, has approached this court by presenting the instant appeals. 3 I have perused the judgment and award passed by the reference court and also gone through the evidence placed on record by the claimants. It has been brought to my notice that adjoining land out of gat no. 20 admeasuring 3 H and 30 R situate in the same village was also taken in possession under the same project. Notification under section 4 of the Land Acquisition Act, in the said matter was earlier in point of time i.e. 27-3-1978 and the award was passed on 5-7-1985 i.e. around a year prior to passing of award in the instant matter. The Land Acquisition Officer prescribed market value of the land which was subject matter of acquisition 5 fa399.94 at the earlier point of time, at Rs. 14,000/- per H. Claimant in the said matter preferred reference application bearing no. 168/1989 and claimed enhanced amount of compensation. Reference application was heard and disposed of on 26-11-1992 by the Civil Judge, Sr.Dn., Jalgaon who was pleased to direct enhancement in the amount of compensation and fixed market value of the acquired land at Rs. 62,000/- per H. It is also brought to my notice that an appeal was preferred in the said matter by the State being First Appeal no. 202/1994 which came to be decided by this court on 20-7-2005. Appeal was allowed and the decision rendered by the reference court in LAR No. 168/1999 was quashed and set aside. The matter was carried in appeal to Apex Court by the claimant. Initially, Special leave Petition bearing no. 22871/2005 was dismissed by the Apex Court. Review application was thereafter presented by the claimant being Review Petition no. 500/2006. Review petition came before the Apex Court for hearing on 19-1-2010 and the same was allowed thereby restoring the judgment and award passed by the reference court granting enhancement in the amount of compensation payable to the claimant. As such, award granting compensation at the rate of Rs. 62,000/- per H in respect of the acquired land came to be confirmed. 6 fa399.94 4 Land covered by First Appeal no. 202/1994 ( LAR no. 168/89) was acquired for the same project. Land acquired by the State by issuing notification and award which was earlier in point of time is just adjacent to the acquired agricultural lands which are subject matter of instant appeals. Reference court awarded compensation at the rate of Rs. 62,000/- per H in respect of land which was subject matter of earlier acquisition and the award passed by the reference court has been confirmed by the Apex Court. So far as the lands which are subject matter of instant appeals are concerned, those are acquired at later point of time i.e. a year after acquisition in the matter which was subject matter of First Appeal no. 202/1994. Considering all these aspects, the rate awarded by the reference court in respect of earlier acquisition shall also have to be awarded in case of acquisition which is later in point of time. Infact, taking into consideration the time gap between acquisition at two stages, although the claimants in these matters are justified in seeking enhancement in the amount of compensation, however, since there is no appeal by the claimant, there is no question of considering rise in the prices and granting any enhanced sum. It is also worthy to be noted that sale instance relied upon in respect of earlier acquisition i.e. subject matter of LAR no. 168/1989 was in respect of gat no. 147 of village Varuli (Kh) admeasuring 21 gunthas which was sold for 7 fa399.94 consideration of Rs. 17,000/-. In the instant appeals also, same sale instance is relied upon by the claimants which was considered as basis for granting enhancement in the amount of compensation. Taking into consideration these similarities, I deem it appropriate to follow the judgment passed by the Apex Court in respect of prescribing value of the acquired land which was subject matter of LAR No. 168/1989. There is no reason to make any distinction and allow different amount of compensation in the instant appeals. Appeals preferred by the State Government, therefore, do not call for any interference. All the appeals stand dismissed. In the facts and circumstances of the case, there shall be no order as to costs. 5 In view of disposal of appeals, pending civil application, if any, does not survive and stands disposed of. ( R.M. BORDE, J.) dyb