1 F.A. No. 355 of 1994 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 355 OF 1994 Bhaskar S/o Narhari Joshi Appellant V E R S U S The State of Maharshtra & others Respondents Mr. K.M. Bahulgaonkar, Advocate for the appellant Mr. S.N. Kendre, AGP for respondents /State CORAM : S.V. GANGAPURWALA, J. DATED : 9th March, 2011 PER COURT 1. The land of the appellant bearing Gut No. 272, admeasuring 39 R, situated at Ukhali(Bk), Tq. Gangakhed, Dist. Parbhani was acquired by the respondents. The notification under Section 4 was issued on 16th May, 1983 and 16th October, 1984 and the Award came to be passed on 29th October, 1988. The Special Land Acquisition Officer awarded compensation of Rs. 4,000/- (Rs. Four thousand) per acre. The claimant being aggrieved by the grant of inadequate compensation preferred Reference under Section 18 of the Land Acquisition Act. The Reference Court enhanced compensation at the rate of Rs. 6,000/- (Rs. Six thousand) per acre. The claimant had claimed compensation amount at the rate of Rs. 20,000/- (Rs. Twenty thousand) per acre. Being aggrieved by not enhancing the compensation to Rs. 20,000/- (Rs. Twenty thousand) per acre, the 2 F.A. No. 355 of 1994 claimant has filed the present First Appeal. 2. Shri Babhulgaonkar, learned counsel for the appellant submits that there was evidence on record before the Reference Court to Award the compensation at the rate of Rs. 20,000/- (Rs. Twenty thousand) per acre, in as much as the sale-deed dated 9th April, 1985 is produced on record of the nearby land which is similarly situated, so also in another Reference the compensation was awarded at the rate of Rs. 16,000/- (Rs. Sixteen thousand) per acre, even that amount has not been awarded to the present appellant. 3. The learned AGP submits that the sale-deed relied upon by the appellant is subsequent to the date of notification under Section 4 of the Land Acquisition Act. The Reference Court has considered every aspect of the matter and awarded reasonable amount as compensation. 4. With the assistance of learned Counsel, I have gone through the judgment and the record. In Land Acquisition Reference No. 213 of 1991, the Reference Court has awarded compensation at the rate of Rs. 16,000/- (Rs. Sixteen thousand) per acre. The land involved in the said Reference was of the same village, according to the learned 3 F.A. No. 355 of 1994 counsel. Nothing is brought on record nor is stated that the said judgment was assailed by the State. As the judgment is accepted by the State, proprietary demands, the appellant shall be paid same amount of compensation. Even the sale-deed is produced on record which is executed just after the six months of the notification under Section 4 of the Land Acquisition Act, which is at the rate of Rs. 20,000/- (Rs. Twenty thousand) per acre. As such I Award compensation at Rs. 16,000/- (Rs. Sixteen thousand) per acre. 5. In the light of the above, the appeal is allowed. The impugned Award is modified to the extent that the appellant shall be entitled for enhanced compensation at the rate of Rs. 16,000/- (Rs. Sixteen thousand) per acre, after deducting amount already paid to the appellant. The appellant will also be entitled to interest at the rate of Rs. 15% per annum, after lapse of one year after the land was taken under possession and not at the rate of 12% per annum as awarded by Reference Court. Rest of the Award of the Reference Court is maintained. The impugned order is modified to the extent as indicated above. ( S.V. GANGAPURWALA, J ) SDM*355.94/090311. 4 F.A. No. 355 of 1994