Dattatraya Rambhau Late and Anr v. The State of Mah and Ors

{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

(1) FIRST APPEAL NO. 649 OF 2013 01 Dattatraya s/o Rambhau Late, age: major, Occ: Agriculture, R/o Deola, Taluka Partur, District Jalna. 02 Jiabai w/o Rambhau Late, age: major, Occ: Agriculture, R/o As above. Appellants 01 The State of Maharashtra, through the Collector, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna. 03 The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani. Mr. S. G. Bhalerao, advocate for Respondent No.3.

(2) FIRST APPEAL NO. 1791 OF 2015 Gangubai Abasaheb Late, age: 53 years, Occ: Agril., R/o Deola, Taluka Partur, District Jalna. {2} 01 The State of Maharashtra, through the Collector, Jalna. 02 The Special Land Acquisition Offcer, Krishna Khore, Jalna, Tq. & District Jalna. 03 The Executive Engineer, Lower Dudhna Project, Sailu, District Parbhani. Mr. R. C. Patil, advocate for Respondent No.3.

(3) FIRST APPEAL NO. 2844 OF 2016 Babasaheb Sadashiv Navle, age: 60 years, Occ: Agriculture, R/o Kedarwakadi, Tq. Mantha, District Jalna. 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Lower Dudhna Project, having his offce at Selu, Tq. Selu, District Parbhani. {3} Mr. S. G. Bhalerao, advocate for Respondent No.3.

(4) FIRST APPEAL NO. 3148 OF 2013 01 Trimbak Sakharam Late, age: 66 years, Occ: Agriculture, R/o PlotNo. 74, Shivkrupa Niwas, (Shikshak Colony), Sarvodaya Nagar, Selu, Tq. Selu, District Parbhani. 02 Kamal Trimbak Late, age: 62 years, Occ: Agriculture, R/o As above. Appellants 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Mrs. Ranjana D. Reddy, advocate for Respondent No.3. {4}

(5) FIRST APPEAL NO. 3146 OF 2013 Uttam Namdeo Misal, age: 55 years, Occ: Agriculture, R/o Deola, Taluka, Partur, District Jalna. 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Mr. S. G. Bhalerao, advocate for Respondent No.3.

(6) FIRST APPEAL NO. 1877 OF 2014 01 Udhav Sakharam Late, age: 50 years, Occ: Agriculture, R/o Deola, Tq. Partur, District Jalna. 02 Trimbak Sakharam Late, age: 58 years, Occ: Agriculture, {5} R/o Deola, Tq. Partur, District Jalna. Appellants 01 The State of Maharashtra, through the Collector, Jalna, having his offce at Collector Offce, Jalna. 02 The Special Land Acquisition Offcer, M. I. W., Jalna, having his offce at Collector Offce, Jalna. 03 The Executive Engineer, Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Mr. B. R. Surwase, advocate for Respondent No.3.

(7) FIRST APPEAL NO. 1880 OF 2014 Sakharam Tanhoba Late (Died Through Lrs') Udhav Sakharam Late, Age : 50 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶2Trimbak Sakharam Late, Age : 58 years, Occ. : Agriculture, R/o. : as above Appellants

{6}

¶1having his offce at Collector offce at Jalna

¶2M.I.W. Jalna Having his offce at Collector offce, Jalna,

¶3Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Mr. B. R. Surwase, advocate for Respondent No.3.

(8) FIRST APPEAL NO. 1848 OF 2014

¶1Parubai Abasaheb Late, Age : 80 years, Occ. : Agriculture, R/o. : Kharba, Tq. Manwat, Dist. Parbhani

¶2Abasaheb Raibhan Late (Died Through Lrs') 2/1. Smt. Parubai Abasaheb Late, Age : 80 years, Occ. : Agriculture, R/o. : Kharba, Tq. Manwat, Dist. Parbhani 2/2. Raosaheb Babasaheb Late, Age : 48 years, Occ. : Agriculture, R/o. : as above 2/3. Smt. Sumanbai Babasaheb Late, Age : 58 years, Occ. : Agriculture, R/o. : as above Appellants {7}

¶1having his offce at Collector offce at Jalna

¶2M.I.W. Jalna Having his offce at Collector offce, Jalna,

¶3Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Mr. B. R. Surwase, advocate for Respondent No.3.

(9) FIRST APPEAL NO. 2261 OF 2012 Tulsabai Tatyerao Late (Died) Through L.R.'s

¶1Kushiwartabai Rambhau Bidwe, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶2Laxman Rambhau Bidwe, Age : Major, Occ. : Agriculture, R/o. : as above Appellants

¶1Through Collector, Jalna, Dist. Jalna {8}

¶2(M.I.W.) Jalna, Tq. and Dist. Jalna,

¶3Nimna Dudhana Project, Sailu, Division Sailu, Dist. Parbhani Mr. K. B. Jadhav, advocate for the Appellants Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(10) FIRST APPEAL NO. 2263 OF 2012

¶1Laxman Rambhau Bidwe, Age : 41 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna, At present Satona (Bk.) Tq. Partur, Dist. Jalna

¶2Suresh Rambhau Bidwe, Age : 45 years, Occ. : Agriculture, R/o. : as above Appellants

¶1Through Collector, Jalna,

¶2(M.I.W.) Jalna, Tq. and Dist. Jalna

¶3Nimna Dudhana Project, Sailu, Division Sailu, {9} Dist. Parbhani Mr. K. B. Jadhav, advocate for the Appellants Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(11) FIRST APPEAL NO. 2265 OF 2012

¶1Ramprasad Uttam Late, Age : 34 years, Occ. : Agriculture, R/o. : Deola, Tq. Mantha,

¶1Through Collector, Jalna,

¶2(M.I.W.) Jalna, Tq. and Dist. Jalna

¶3Nimna Dudhana Project, Sailu, Division Sailu, Dist. Parbhani Mr. K. B. Jadhav, advocate for the Appellants Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(12) FIRST APPEAL NO. 1846 OF 2014

¶1Bhau Baba Late, Age : 50 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna

{10}

¶1Having his offce at Collector Offce, Jalna

¶2M.I.W. Jalna, Having his offce at Collector Offce, Jalna

¶3Nimna Dudhana Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani

Mr. B. R. Surwase, advocate for Respondent No.3.

(13) FIRST APPEAL NO. 2260 OF 2012

¶1Ranjit Uttam Late, Age : 28 years, Occ. : Agriculture, R/o. : Deola, Tq. Mantha,

¶1Through Collector, Jalna,

¶2(M.I.W.) Jalna, Tq. and Dist. Jalna

¶3Nimna Dudhana Project, {11} Sailu, Division Sailu, Dist. Parbhani

Mr. K. B. Jadhav, advocate for the Appellants Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(14) FIRST APPEAL NO. 2264 OF 2012

¶1Uttam Narayan Late, Age : 65 years, Occ. : Agriculture, R/o. : Deola, Tq. Mantha,

¶1Through Collector, Jalna,

¶2(M.I.W.) Jalna, Tq. and Dist. Jalna

¶3Nimna Dudhana Project, Sailu, Division Sailu, Dist. Parbhani Mr. K. B. Jadhav, advocate for the Appellants Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(15) FIRST APPEAL NO. 2034 OF 2014 Dattarao Vyantakrao Late (Through LRs') {12}

¶1Mankarnabai Dattarao Late, Age : 75 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna

¶2Bharat Dattarao Late, Age : 55 years, Occ. : Agriculture, R/o. : as above

¶3Uddhav Dattarao Late, Age : 52 years, Occ. : Agriculture, R/o. : as above

¶4Atmarao Dattarao Late, Age : 45 years, Occ. : Agriculture, R/o. : as above Appellants

¶1having his offce at Collector Offce, Jalna

¶2M.I.W. Jalna Having his offce at Collector Offce, Jalna

¶3Nimna Dudhana Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani

Mr. B. R. Surwase, advocate for Respondent No.3.

(16) FIRST APPEAL NO. 1323 OF 2013 {13}

¶1Pralhad Gulabrao Late, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna

¶1Through Collector, Jalna

¶2M.I.W., Jalna, Dist. Jalna

¶3Nimna Dudhna Project, Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(17) FIRST APPEAL NO. 2372 OF 2012

¶1Ram Anna Late, Age : Major, Occu. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna

¶1Through the Collector, Jalna

¶2M.I.W. Jalna

¶3Nimna Dudhana Project, Selu, Dist. Parbhani

{14} Mr. S. G. Bhalerao, advocate for Respondent No.3.

(18) FIRST APPEAL NO. 1158 OF 2013

¶1Rakhmabai Ahelaji Late, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1Through Collector, Jalna

¶2M.I.W., Jalna

¶3Nimna Dudhna Project, Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(19) FIRST APPEAL NO. 1156 OF 2013

¶1Janardhan Bhimrao Late, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1{15} Through Collector, Jalna

¶2M.I.W., Jalna

¶3Nimna Dudhna Project, Selu, Dist. : Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(20) FIRST APPEAL NO. 865 OF 2013

¶1Rohidas Maroti Jogdand, Age : Major, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1Through Collector, Jalna, Jalna

¶2M.I.W., Jalna

¶3Nimna Dudhna Project, Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3. {16}

(21) FIRST APPEAL NO. 4306 OF 2017

¶1Uttam Narayan Chaval, Age : 42 years, Occ. : Agriculture, R/o. : village Wanjola, Tq. Mantha,

¶1having his offce at Collector Offce, Jalna

¶2Jalna

¶3Lower Dudhana Project Division, Selu, Dist. Parbhani Since, this Department Abolished (at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna) Mr. S. G. Bhalerao, advocate for Respondent No.3.

(22) FIRST APPEAL NO. 4309 OF 2017

¶1Guna Ashroba Late, Age : Major, Occ. : Agriculture, R/o. : village Devla, Tq. Partur,

{17}

¶1having his offce at Collector Offce, Jalna

¶2M.I.W., Jalna

¶3Lower Dudhana Project Division, Selu, Dist. Parbhani Since, this Department Abolished (at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna) Mr. S. G. Bhalerao, advocate for Respondent No.3.

(23) FIRST APPEAL NO. 4304 OF 2017

¶1Ganesh Uddhavrao Late, Age : 38 years, Occ. : Agriculture, R/o. : village Devla, Tq. Partur,

¶1having his offce at Collector Offce, Jalna

¶2M.I.W., Jalna

¶3Lower Dudhana Project Division, Selu, Dist. Parbhani Since, this Department Abolished {18} (at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna) Mr. S. G. Bhalerao, advocate for Respondent No.3.

(24) FIRST APPEAL NO. 3850 OF 2016

¶1Kailash Appa Late, Age : 36 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1Tq. and Dist. Jalna

¶2M.I.W. Jalna

¶3Lower Dudhana Project, Selu, Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and

Mr. S. G. Bhalerao, advocate for Respondent No.3. {19}

(25) FIRST APPEAL NO. 3853 OF 2016

¶1Sampat Nivrutti Late, Age : 61 yeas, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1Tq. and Dist. Jalna

¶2M.I.W. Jalna

¶3Lower Dudhana Project, Selu, Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna Mr. S. G. Bhalerao, advocate for Respondent No.3.

(26) FIRST APPEAL NO. 3852 OF 2016

¶1Appasaheb Kisanrao Late, Age : 49 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

{20}

¶1Tq. and Dist. Jalna

¶2M.I.W. Jalna

¶3Lower Dudhna Project Division, Selu Dist. Parbhani Since this Department is abolished at present Jalna Irrigation Department, Jalna, offce at Motibagh, Jalna, Tq. and Dist. Jalna Mr. S. G. Bhalerao, advocate for Respondent No.3.

(27) FIRST APPEAL NO. 861 OF 2013

¶1Sampat Uttam Late, Age : 35 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna

¶1Through the Collector, Jalna having his offce at Collector Offce, Jalna

¶2M.I.W., Jalna, having his offce at Collector Offce, Jalna

¶3Nimna Dudhna Project, {21} Having his offce at Jayakwadi, Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(28) FIRST APPEAL NO. 864 OF 2013

¶1Dagdu Narayan Late, Age : 50 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1having his offce at Collector Offce, Jalna

¶2M.I.W., Jalna, Having his offce at Collector offce, Jalna

¶3Nimna Dudhana Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(29) FIRST APPEAL NO. 3610 OF 2016

¶1Rama Gulabrao Late, Age : 36 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna {22}

¶1Tq. and Dist. Jalna

¶2M.I.W. Jalna

¶3Lower Dudhana Project, Selu, Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna

¶4Pralhad Gulabrao Late, (formal Party), Age : 38 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna Mr. S. G. Bhalerao, advocate for Respondent No.3.

(30) FIRST APPEAL NO. 2107 OF 2016

¶1Ahilaji Nivrutti Late, Age : 54 years, Agriculture, R/o. : Devla, Tq. Partur,

¶1Through Collector, Jalna, {23}

¶2Lower Dudhana Project Division, Selu, Dist. Parbhani. Since, this department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna

¶3M.I.W. (Lasica), Jalna Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(31) FIRST APPEAL NO. 1185 OF 2013

¶1Bharat Dattatraya Late, Age 45 years, Occ. : Agriculture, R/o. Deola, Taluka Partur, District Jalna. Appellants

¶1Through Collector, Jalna, having his offce at Collector Offce, Jalna.

¶2M. I. W., Jalna, having his offce at Collector Offce, Jalna.

¶3Nimna Dudhna Project, {24} having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Mr. S. G. Bhalerao, advocate for Respondent No.3.

(32) FIRST APPEAL NO. 1180 OF 2013

¶1Lahannuappa Kundlik Misal, Age : 85 years, Occ. : Agriculture, R/o. : Deola, Taluka Partur, District Jalna. Appellants

¶1having his offce at Collector Offce, Jalna.

¶2M. I. W. Jalna, having his offce at Collector Offce, Jalna.

3.

Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Mr. S. G. Bhalerao, advocate for Respondent No.3.

(33) FIRST APPEAL NO. 1184 OF 2013

¶1Atmaram Dattatraya Late, Age : 40 years, Occ. : Agriculture, R/o Deola, Taluka Partur, {25} District Jalna. Appellants

¶1having his offce at Collector Offce, Jalna.

¶2M. I. W., Jalna, having his offce at Collector Offce, Jalna.

¶3Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Parbhani. Mr. S. G. Bhalerao, advocate for Respondent No.3.

(34) FIRST APPEAL NO. 1183 OF 2013

¶1Kisan Namdeo Misal, Age : 55 years, Occ. : Agriculture, R/o. Deola, Taluka Partur, District Jalna. Appellants

¶1having his offce at Collector offce, Jalna.

¶2M. I. W., Jalna, having his offce at Collector offce, Jalna. {26}

¶3Nimna Dudhna Project, having his offce at Jayakwadi, Selu, Tq. Selu, District Osmanabad. Mr. S. G. Bhalerao, advocate for Respondent No.3.

(35) FIRST APPEAL NO. 1186 OF 2013

¶1Udhav Dattatraya Late, Age : 42 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1having his offce at Collector offce at Jalna

¶2M.I.W. Jalna Having his offce at Collector offce, Jalna,

¶3Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(36) FIRST APPEAL NO. 1000 OF 2016 {27}

¶1Abasaeb Taterao Late, (Died through LRs') 1/A. Babasaheb Abasaeb Late, Age : 49 years, Occ. : Agriculture, 1/B. Kashinath Abasaheb Late, Age : 45 years, Occ. : Agriculture,

¶2Kashinath Abasaheb Late, Age : 45 years, Occ. : Agriculture, All above appellants R/o. : Deola, Tq. Partur, Dist. Jalna Appellants

¶1having his offce at Collector offce at Jalna

¶2M.I.W. Jalna Having his offce at Collector offce, Jalna,

¶3Nimna Dudhna Project, Since this offce is obolished Now at Jalna Irrigation Department, Jalna at Motibagh, Jalna Mr. S. C. Arora, advocate for Respondent No.3.

(37) FIRST APPEAL NO. 1593 OF 2018

¶1Madan Bapurao Late, Age : 54 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur, {28}

¶1Through Collector, Jalna,

¶2(M.I.W.) Jalna, Tq. and Dist. Jalna

¶3Nimna Dudhana Project, Jalna, Division Jalna, Dist. Jalna Mrs. Ranjana D. Reddy, advocate for Respondent No.3.

(38) FIRST APPEAL NO. 3123 OF 2016

¶1Mahadev Ashraji Kavhale, Age : 60 years, Occ. : Agriculture, R/o. : Devla, Tq. Partur, Dist. Jalna

¶1Tq. and Dist. Jalna having his offce at Collector Offce, Jalna

¶2M.I.W. Jalna, Having his offce at Collector offce, Jalna

¶3Lower Dudhana Project, Selu, {29} Dist. Parbhani, Since this Department is abolished at present Jalna Irrigation Department, Jalna, Offce at Motibagh, Jalna, Tq. and Dist. Jalna Mr. S. G. Bhalerao, advocate for Respondent No.3.

(39) FIRST APPEAL NO. 1325 OF 2013

¶1Baliram Baburao Late, Age : 55 years, Occ. : Agriculture, R/o. : Deola, Tq. Partur,

¶1having his offce at Collector offce at Jalna

¶2M.I.W. Jalna Having his offce at Collector offce, Jalna,

¶3Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3.

(40) FIRST APPEAL NO. 1322 OF 2013 {30}

¶1Baliram Baburao Late, Age : 55 yeas, Occ. : Agriculture, R/o. : Deola, Tq. Partur, Dist. Jalna

¶1having his offce at Collector offce at Jalna

¶2M.I.W. Jalna , Having his offce at Collector offce, Jalna,

¶3Nimna Dudhna Project, Having his offce at Jayakwadi, Selu, Tq. Selu, Dist. Parbhani Mr. S. G. Bhalerao, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st August, 2023. ORAL JUDGMENT : Heard. Some of the appeals are already admitted. By consent of learned Counsel for respective parties, remaining appeals are also admitted. Heard rival submissions. All these appeals are fled by the respective {31} appellants, who are the original claimants, seeking enhancement of the compensation amount awarded by the learned District Judge, Jalna and learned Civil Judge, Senior Division, Jalna, in their respective Land Acquisition References, as mentioned in these appeals. This Court, in other connected matters arising out of same acquisition, under common judgment dated 07th February, 2023, in the bunch of First Appeal No.1353/2009 and others, has disposed of those appeals considering the earlier settlement between the appellants and respondent-acquiring body in the Lok Adalat. As such, this Court, in those appeals, has fxed following rates of compensation considering the various classifcations of lands as under: Classifcation Rate Dry Lands Semi irrigated lands Fully irrigated lands Pot kharab lands Rs.2400/- per R Rs.3600/- per R Rs.4800/- per R Rs.1200/- per R The learned Counsel for all these appellants- {32} claimants submits that the appellants are in agreement with the observation of the learned Reference Court in respect of classifcation of the lands in the impugned judgments. Further it appears that, the Hon'ble Apex Court, in the Special Leave Petitions, arising out of these appeals preferred by the present appellants, has clarifed that if these appellants are held entitled for higher compensation by the High Court after remand, they will not be entitled to the interest from the date of impugned judgment till fling of present appeals before it and also for the period for which the interest has been denied by the High Court earlier. In view of the aforesaid order of the Hon'ble Apex Court, learned Counsel for the appellants, in all these matters, has prepared the chart showing that for how much period the appellants-claimants are not entitled for the interest. The said chart is taken on record and marked "X" for identifcation. The said chart marked "X" is made part of this judgment. {33} The respective learned Counsel for acquiring body have also accepted the calculations of delay periods shown in the said chart and therefore, as per the said chart, all the appellants-claimants, in these matters, shall not be entitled to claim interest on the enhanced compensation for the total period, as mentioned in column 12 of the said chart, which is sum of the periods mentioned in column no.7 and column no.11. In view of the same, following order is passed: {i} All these appeals are partly allowed and the respective appellants-claimants are held entitled for the rate of compensation agreed between themselves and the acquiring body, as follows: Classifcation Rate Dry Lands Semi irrigated lands Fully irrigated lands Pot kharab lands Rs.2400/- per R Rs.3600/- per R Rs.4800/- per R Rs.1200/- per R

{34}

(ii) The compensation received by the appellants-claimants in Reference Court as well as this Court, as per earlier orders, is to be deducted from the compensation so arrived by considering the aforesaid rate. {iii} The appellants-claimants shall also be entitled to get interest under Section 28 and 34 of the Land Acquisition Act, 1894 from the respective dates of awards passed by the Special Land Acquisition Offcer. {iv} The appellants-claimants shall also be entitled to get interest @ 12% p.a. as a special component from the date of notifcation under Section 4(1) of the Land Acquisition Act, 1894 till the date of passing respective awards by the SLAO, as per Section 23(1A) of the Act. {v} The appellants-claimants shall be entitled to get 30% solatium on the difference of market value under Section 23(2) of the Act. {35} {vi} The appellants-claimants shall not be entitled to the interest amounts for the respective periods as shown in column no.12 of the said chart marked "X". {vii} The awards be modifed accordingly.

(viii) The appeals are accordingly disposed of along with the pending Civil Applications, if any. {ix} Liberty to pay defcit court fees, if any, within two weeks after it is computed by the offce. {x} Record and proceedings be sent back to the Reference Court forthwith.

(SANDIPKUMAR C. MORE)

JUDGE adb