1 F.A.No.206 of 1993 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.206 OF 1993 Mohammed Musa s/o Noor Mohammed Age 40 years, Occupation Agriculture, R/o Village Rani Unchegaon, Taluka Ambad, District Jalna ..APPELLANT VERSUS The State of Maharashtra through the Collector, Jalna, District Jalna ..RESPONDENT Mr M.A.Waheed, Advocate for appellant Mr S.N.Kendre, Assistant Govt.Pleader for respondent – sole CORAM : MRS MRIDULA BHATKAR, J. DATE : 20th AUGUST 2011 ORAL JUDGMENT (PER MRIDULA BHATKAR, J.) 1. Appeal is preferred by the appellant i.e. original petitioner challenging the order of the Reference Court, dismissing his reference on 17.8.1992. The reference was made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) for enhanced compensation of the land Gut No.100, admeasuring 1 acre 20 gunthas and out of which land 75-R situated at village Rani Unchegaon, Taluka Ambad, District Jalna was acquired by the respondents to construct percolation tank. Special Land Acquisition Officer, Jalna has awarded compensation of Rs.9,000/- for the acquired land of 75-R by fixing the rate of Rs.12,000/- per hectare. The award was passed on 31st March 1988. Including solatium, total amount of Rs.12,271/- was paid to the appellant. Appellant contested the 2 F.A.No.206 of 1993 reference before the Civil Judge, Senior Division, Jalna, however, it was dismissed. 2. In the appeal, the appellant raised contentions that the Reference Court had failed to take into consideration the oral evidence of the purchaser of the comparable land prior to the date of the notification and erred in discarding his evidence. The Court has drawn conclusion based on unwarranted presumptions and wrong inference and has failed to consider the prevailing market rate and the price of the land on the date of the notification in the said village and surrounding villages. Learned Counsel appearing for the appellant pointed out the sale deed Exh.22, as it was the sale instance of the adjacent field. Learned Counsel submitted that in appeal, the appellant claimed compensation at the rate of Rs.25,000/- per acre, which is approximately Rs.62,000/- per hectare. 3. In the course of arguments, the learned Counsel pointed out that this Court has allowed the appeal arising out of same award dated 31.3.1988 for the land, which is adjacent to the impugned land in present appeal. Learned Assistant Government Pleader conceded to the submissions of learned Counsel for the appellant. Hence, judgment dated 24.6.2009 and the record in the said First Appeal No.225 of 1993 (Bhagwandas s/o Kishandas Vishnu Vs. State of Maharashtra through Collector, Jalna) is called. Perused the said judgment. In the said judgment, the award passed by Special Land Acquisition Officer on 31.3.1988 in the village Rani Unchegaon, in the 3 F.A.No.206 of 1993 adjacent Survey No.101 was under the issue. In the said matter, evidence of one Lalsing Somla Chavan was tendered. In the present matter, the same witness has given his evidence and has produced sale deed, which is marked Exh.22. This Court has accepted the said sale instance of land comparable with the land under the acquisition in that appeal. After considering the nearness of the land, prevailing market rate and the potentiality of the land, this Court has increased the compensation at the rate of Rs.43,000/- per hectare and held that appellant was entitled to 30% solatium, 12% component under Section 23 (1) of the Act and interest as per Section 28 of the Act on the additional amount that is payable by virtue of this appeal. 4. Considering the similarity of the land, award, location, evidence, similar order is passed. Respondent to pay compensation at the rate of Rs.43,000/- per hectare instead of Rs.12,000/- per hectare to the appellant. The appellant shall be entitled to 30% solatium, 12% component under Section 23(1) of the Land Acquisition Act and interest as per Section 28 of the Act on the additional amount that may be payable by virtue of this appeal. Appeal is allowed accordingly. ( SMT. MRIDULA BHATKAR, J. ) (vvr/206.1993fa)