MANIK SAMBHAJI SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of appeals is being decided by this common judgment and order since common questions of facts and law arise therein. The appeals in this group have been preferred under Sec. 54 of the Land Acquisition Act, 1894 (for short Act). The appellants herein were the owners of the agricultural lands acquired for Dhanuri Project way back in 1972 accepting amount of compensation offered by the Land Acquisition Officer under protest. The appellants herein had preferred respective Land Acquisition References (L.A.Rs.). The leaned Civil Judge, Senior Division, Omerga, vide his common judgment and award dtd. 8/4/2007, allowed those references, enhancing the amount of compensation by Rs.250.00 per hector. Having not been satisfied with the amount of compensation enhanced by the Reference Court, the present appeals have been preferred for further enhancement.

(2.) Heard learned counsel for the parties. Perused the impugned judgment and award. Gone through the evidence relied on. Admittedly, the agricultural lands belonging to the appellants herein were acquired for Dhanuri Project way back in 1972. Notification under Sec. 4 of the Act was published in August 1971. The award came to be passed in January 1974. Since it was acquisition that dates back in 1970s, the quantum of compensation offered appears to be meagre, that might have, however, been equal to the then market price of the lands acquired.

(3.) These appeals could very well be disposed of in view of common judgment and award passed by Reference Court on 26/3/1992 in L.A.R. No.126/1983 to 129/1983. Admittedly the lands comprised in those references were situated at very village. Those lands came to be acquired for the very purpose of Dhanuri Project. Proceeding for acquisition of the lands comprised in those references and the lands - subject matter of the present appeal were one and the same. In view of the principle of parity, the appellants are, therefore, entitled to enhancement in the amount of compensation equal to that of granted by the Reference Court vide its judgment and award dtd. 26/3/1992 passed in L.A.R. No.126/1983 to 129/1983. The Reference Court granted enhanced compensation @ Rs.3500.00 per acre plus all consequential benefits such as 30% solatium and component of interest. Similar treatment needs to be given to the present appeals.