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Judgment
By this appeal, the appellants/claimants have challenged the judgment and order dated 21.01.1995 passed by the Civil Judge, Senior Division, Pusad (herein after referred to as "Reference Court") in LAC No. 432/1992, whereby, while partly allowing the reference application of the appellants, enhanced compensation has been granted at the rate of Rs. 55,000/- per hectare while the appellant had claimed compensation at the rate of Rs. 1,00,000/- per hectare.
The land belonging to the appellants located at Gat No. 58 of village Chincholi, Taluka Digras, District Yavatmal admeasuring 5 Hectare 14 Are, was acquired for which Notification under Section 4 of the Land Acquisition Act, 1894, was issued on 06.02.1986 and the award was passed by the Land Acquisition Officer on 04.03.1989. The appellants were granted compensation at the rate of Rs. 14,000/- per hectare under the award. Aggrieved by the same, the predecessor of the appellant had preferred reference application under Section 18 of the said Act, which was decided by the impugned judgment and award passed by the Reference Court. The compensation payable to the appellants for acquisition on their lands was enhanced by the Reference Court to Rs. 55,000/- per hectare. The appellants have filed this appeal seeking further enhancement of compensation.
During the pendency of this appeal, on 31.10.2014, this Court has passed judgment and order in First Appeal No. 204/1999 concerning the acquisition of land from the same village, pursuant to the same Notification dated 06.02.1986 issued under Section 4 of the said Act. In the said judgment, it has been held by this Court that the claimants are entitled to enhanced compensation at the rate of Rs. 1,00,000/- per hectare. Therefore, applying the principle of parity, the appellants herein are also entitled for enhancement of compensation.
Accordingly, this appeal is allowed and it is held that the appellants shall be paid compensation at the rate of Rs. 1,00,000/- per hectare along with statutory benefits, except interest on the enhanced compensation for the period between 31.01.2007 to 07.09.2017, in terms of order of this Hon'ble Court dated 07.09.2017, when the appeal was restored as it had been earlier dismissed-in-default for non-filing of private paper book.
The appeal is allowed in above terms with no order as to costs.
Needless to say, the additional court fees shall be deposited in proportion to the amount of enhanced compensation.