- (1.) Civil Nos. 596-601 of 1973 and Civil Appeal Nos. 365-370 of 1972 are appeals and cross-appeals by certificates of fitness granted by the High court of Judicature at Bombay under Article 133 (l) (o) of the Constitution of India in respect of a common judgment and separate decrees rendered by it in certain land acquisition appeals and cross-objections filed therein.
(2.) 42 Acres, 23 guntas and 6 1/2 sq. yards of land in Final Plot No. 7-A, 28 acres of land out of the land in Final Plot No. 8, 35 acres of land out of the land in Final Plot No. 97, 3 guntas of land in Final Plot No. 6/33 and 4 guntas of land in Final Plot No. 6/34 being agricultural lands lying within the limits of Sholapur Municipal Corporation were required for establishment of an Agricultural Produce Market at Sholapur. government of State of Maharashtra got published a Notification in the Gazette dated 10/10/1965 under Section 4 (1 of the Land Acquisition Act, 1894, hereinafter referred to as 'the Act', proposing acquisition of the said lands in that behalf. After the holding of necessary inquiries, it published the declaration under Section 6 of the Act in respect of those lands. Thereafter, the Special Land Acquisition Officer (Special LAO) made an award under Section 11 of the Act determining the market value of the land in Final Plot No. 7-A at Rs. 6,000. 00 an acre, Final Plot No. 8 at Rs. 5,500. 00 an acre. Final Plot No. 97 at Rs. 5,000. 00 per acre, 75 paise per sq. foot for land in Final Plot No. 6/33 and 25 paise per sq. foot for land in Final Plot No. 6/34, and ordered payment of the same to the landowners (claimants) along with 15 per cent solatium payable on the market value of lands in all the plots except that in Plot No. 7-A and interest at 4 per cent on the aggregate of both amounts. 14claimants out of 23 of them, who were not satisfied with the amount of compensation awarded for their lands, caused the Special LAO to make references to the court of Civil Judge, Senior Division, Sholapur under Section 18 of the Act and claimed from the court grant of enhanced compensation for their acquired lands. That Reference court on consideration of the evidence adduced by contending parties in the references before it, enhanced the market value of the acquired lands respecting which enhanced compensation had been sought, at 80 paise per sq. foot and ordered payment of the enhanced compensation to the claimants concerned, by rendering a common judgment and separate decrees in that regard.
(3.) While the State preferred appeals in the High court against the common judgment and separate decrees of the Reference court seeking reduction in the amount of compensation determined by it, the claimants preferred cross-objections in those appeals seeking further enhanced amount of compensation. The High court, on reappraisal of the entire evidence in the cases, enhanced the market value of a small extent of land carved out as sites in Plot No. 8 before their purchase by the claimants as building sites, at the same value in which they had been purchased before the acquisition. But it reduced the market value of the remaining, almost the whole extent of acquired land in Final Plot No. 8 and the entire area of acquired lands in Final Plot Nos. 7-A, 97, 6/33 and 6/34 to 38 paise per sq. foot. However, it increased the market value of land in Final Plot No. 7-A by 10 per cent having regard to its closer proximity to the well developed township of Sholapur. It modified the judgment and decrees of the Reference court questioned before it accordingly by its common judgment dated December 23-24, 19/02/1972 and decrees made thereon.;