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Judgment
Heard both sides finally at the admission stage with their consent.
A common judgment and award dated 13.12.2011 to the claiming compensation @ Rs.1,00,000/- per acre as the land acquired is a dry land.
Learned counsel for the appellant submits that this Court previously had remanded the matters vide common judgment dated 08.08.2014 to the Reference Court inter alia relying upon the judgment passed on 11.12.2013 in First Appeal No.683 of 2012. The remanded matters are from the impugned common judgment. Learned counsel for the appellant submits that after the remand of the matter, the Reference Court awarded rate of Rs.1,00,000/- per acre for dry land and Rs.2,00,000/- per acre for irrigated land.
Learned AGP has fairly conceded the position and placed on record the judgment and award passed by the Reference Court.
Learned counsel Mr. Bhosale appearing for the acquiring body vehemently opposes the submissions of the appellant. He would submit that ground of parity cannot be attracted. The appellant has failed to make out a case for enhancement of the compensation and the rate fixed by the Reference Court is appropriate.
Undisputedly, 13 references were decided by the common judgment and award dated 13.11.2011. Out of them, six claimants had approached this Court by filing first appeals which were decided by common order dated 08.08.2014 remanding the matters to the Reference Court relying upon the judgment dated 11.12.2013 passed in First Appeal No.683 of 2012. After remand, the Reference Court considered the rate awarded by High Court and fixed the rate @ Rs.1,00,000/- per acre for dry land and Rs.1,50,000/- for semi irrigated land by speaking order passed on 10.03.2025.
This Court has no alternative than to apply the ground of parity. The appellant is also entitle to rate of Rs.1,00,000/- per acre as his land is dry land. There is no point to remand the matter to the Reference Court. Impugned judgment and award to the extent of appellant is perverse and unsustainable. I, therefore, pass following order :
O R D E R
First Appeal Stamp is allowed partly.
The appellant shall be entitled to compensation @ Rs.1,00,000/- per acre for his dry land referred in LAR.No.273 of 2000 for 81 R. of Survey No.198/7.
The appellant shall be entitled to statutory benefits of 30% on the adjudged amount under Section 23 (2) of the Land Acquisition Act, from the respondents.
The claimant is entitled to 12% increase from the date of village notification U/sec.4 of the L.A. Act i.e. 28.11.1996 till date of the said Award, from the respondents.
The applicant is also entitled to get interest at the rate of 9% p.a. for the first year from the date of award i.e. 22.03.1999. And the claimant is entitled to get interest at the rate of 15% p.a. for the subsequent years till depositing the entire amount by the respondents.
Deficit Court fees, (if any) be recovered from the claimant.
The original judgment be kept in LAR No.273 of 2000 and it’s certified operative part/s be kept in the rest.
The compensation paid by the LAO under the above references shall be deducted.
Award & bill of costs be drawn up accordingly.
Appellant shall not be entitled to the benefits for the statutory benefits for the delayed period.