JUDGMENT :

ALOK ARADHE, J.

1. These appeals under Section 54 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’ for short) have been filed by the land owners seeking enhancement of the compensation awarded by the Reference Court. Since, all the lands are situated in Alcola village of Shivamogga district and have been acquired for Upper Tunga project, they were heard analogously and are being decided by this common judgment.

2. Facts giving rise to filing of the appeals briefly stated are that the appellants were the owners of land situated in Alcola Village, Shivamogga District. The aforesaid lands were required for Upper Tunga project. Thereupon, proceedings under the Act were initiated. Notifications under Section 4(1) of the Act were issued on 25.01.2001, 17.03.2001 and 20.05.2004. Thereafter, awards were passed respectively on 26.03.2003 and 20.05.2004 respectively, by which amount of compensation was fixed at Rs. 1,50,000/- per acre for dry land and Rs. 1,35,000/- for tank fed land. In MFA No. 10477/2013 and 6238/2013, the compensation was fixed at Rs. 1,45,000/- per acre by the Land Acquisition Officer. Being aggrieved, the appellants sought a reference under Section 18 of the Act. The Reference Court vide judgments dated 04.10.2005, 16.07.2010, 31.10.2008, 14.04.2011 and 01.02.2013 awarded compensation at the rate of Rs. 5,40,000/- per acre Rs. 3,50,000/- per acre Rs. 4,50,000/- per acre Rs. 5,40,000/- per acre and Rs. 47/- per square feet.

3. Being aggrieved, the appellants have filed these appeals and have claimed compensation at the rate of Rs. 105/- per square feet. Learned counsel for the appellants submitted that in respect of the lands situated at Alcola village, which were acquired for Upper Tunga project, the Reference court by an order dated 03.02.2006 had enhanced the amount of compensation from Rs. 84 to Rs. 100/- per square feet. The aforesaid order was subject matter of challenge in M.A. No. 12/2008 and M.A. Nos. 19-226/2008, which was disposed of by Principal District Judge, Shivamogga by an order dated 03.07.2010 and the compensation was enhanced to Rs. 150/-. It is also urged that the aforesaid order was subject matter of challenge in M.S.A. Nos. 33-41/2011, which was disposed of by a Bench of this court as dismissed by an order dated 16.08.2012. It is further pointed out that the aforesaid order has attained finality and the respondent has paid the amount to the land owners at the rate fixed by this court. It is also pointed out that in LAC No. 109/2003 and LAC No. 102/2003, which were decided by the Reference Court dated 03.02.2011 and 19.11.2011, the Reference court had fixed the market value after deduction of 30% as the lands in question were agricultural lands and had assessed the same at Rs. 105/- per square feet. It is further submitted that the respondent did not prefer any appeal against the aforesaid judgments passed by the reference court and paid the amount of compensation to the land owners. It is further submitted that the lands of the appellants are also situate in the same village viz. Alcola village and had been acquired for Upper Tunga project and therefore, the appellants are entitled to parity in the matter of grant of compensation. It is also urged that the respondent No. 2 viz. the beneficiary, which is the instrumentality of the State cannot be permitted to subject the appellants to discrimination in the matter of compensation.

4. On the other hand, learned Senior counsel for respondent No. 2 fairly submitted that against the judgments passed in LAC Nos. 109/2003 and 102/2003, no appeals were preferred and the amount of compensation was paid to the land owners. It is also not disputed that the lands involved in the aforesaid land acquisition cases as well as the lands of the appellants are situate in Alcola village and have been acquired for Upper Tunga Project. However, it is pointed out that in M.A. No. 12/2008, the Court had fixed the market value of the pr