1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.1589/2008 AND FIRST APPEAL NO.819/2010 ---------------------------------------------------------------- FIRST APPEAL NO.1589/2008 Laxmibai widow of Punjabrao Deshmukh and others ...Versus... State of Maharashtra, through Collector, Yavatmal and others FIRST APPEAL NO.819/2010 Smt. Halimabi w/o Mehtabkhan ...Versus... State of Maharashtra, through Collector, Yavatmal and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri A.S. Chandurkar, Adv. for appellants in both appeals] [S/Shri A.M. Joshi, M.A. Kadu, AGPs for respondents in both appeals] CORAM : A.B. CHAUDHARI, J. DATED : 07.07.2011. Learned Counsel for the appellants and the learned Assistant Government Pleaders for the respondents in both appeals are ad idem on the issue that the present appeals are covered by the decision of this Court in First Appeal No.1016/2010 with connected matters, decided on 6.5.2011. 2 Learned Counsel for the appellants submits that the present appeals also arise out of the common judgment that was rendered by the reference Court and therefore, these first appeals deserve to be disposed of in terms of the judgment of this Court dated 6.5.2011. Perused the judgment of this Court dated 6.5.2011 in First Appeal No.1016/2010 with connected matters. There is no dispute that the present appeals arise out of the common judgment that was recorded by the reference Court, which formed the subject matter of the said First Appeal No.1016/2010, decided on 6.5.2011. In that view of the matter, I make the following order. O R D E R (i) First Appeal Nos.1589/2008 and 819/2010 are allowed. The impugned judgments and Awards made by the Reference Court on 24.07.2008 in Land Acquisition Case Nos.143/2002 and 140/2002 are set aside. (ii) The appellants are granted compensation at the rate of Rs.1,48,000/- per hectare instead of at the rate of Rs.50,000/- per hectare as awarded by the Reference Court. The appellants are also awarded 15% rise on the said rate of compensation, i.e. Rs.1,48,000/- + Rs.22,000/- = Rs.1,70,200/- per hectare. 3 (iii) Appellants are awarded amount as per Section 23 (1A) of the Land Acquisition Act, 1894 at the rate of 12% per annum from the date of publication of Section 4 notification till the date of Award or till the date of actual possession, whichever falls first on the aforesaid amount of compensation calculated at the rate of Rs.01,70,200/- per hectare. (iv) Appellants are granted solatium at the rate of 30% in accordance with the provisions of Section 23 (2) of Land Acquisition Act on compensation calculated at the rate of Rs.01,70,200/- per hectare. (v) Appellants are granted interest at 9% per annum for the first year and at the rate of 15% per annum thereafter in accordance with the provisions of Section 28 of Land Acquisition Act from the date of taking possession of the land on the compensation calculated at the rate of Rs.01,70,200/- per hectare. (vi) Appellants are awarded costs of the reference proceedings as well as these appeals. (vii) Award be drawn up accordingly. JUDGE ssw