JUDGMENT - A.D. MANE, J.:---This appeal arises out of the judgment and award passed by the Court in Land Acquisition Reference under section 18 of the Land Acquisition Act, 1894 (for short, "the Act"). The respondents own seven pieces of land bearing Survey Nos. 8/1, 88/2. 11/1, 11/2-1, 11/2-3 and 11/2-4 situated at Himayat bag within the Municipal Corporation, Aurangabad. These lands were acquired for Fruit Research Station at Himayat bagh at the instance of Marathwada Agricultural University.

The notification under section 4 of the Act was published in Maharashtra Government Gazette on 5-2-1973 and the notification under section 6 of the Act was issued on 11-3-1976.

The Special Land Acquisition Officer, Aurangabad passed award by determining the value of the acquired land on the basis of their qualities. The area of the acquired land falling under perennial Bagayat was valued at the rate of Rs. 18, 750/- per acre and the non-perennial portion of the land was valued at the rate of Rs. 15,625/- per acre.

2. The claimants were dissatisfied with the award passed by the Special Land Acquisition Officer. It was the case of the respondents that the acquired lands were capable of fetching higher market value and the amount offered by the Land Acquisition Officer was inadequate and that he had proceeded on the wrong premise or the principle. According to the respondents, the market value of the similarly situated land in the vicinity and within the limits of Municipal Corporation, at the relevant time, was Rs. 1,00,000/- per acre. The respondents, therefore, filed their application for reference to the Court and accordingly reference was made under section 18 of the Act to the Court.

3. That reference was, however, objected to by the appellant/State, firstly on the ground that the reference was not within the period of limitation; secondly, that the reference was bad for mis-joinder of parties and lastly that the respondents were not entitled to enhanced compensation, as the value of the land was properly determined by the Special Land Acquisition Officer.

4. In support of the claim for enhanced compensation, the respondents, however, restricted their claim at the rate of Rs. 30,000/- per acre, as against the market price of similarly situated lands within the limits of Municipal Corporation in the vicinity at the rate of Rs. 1,00,000/- per acre. The respondents mainly relied upon a sale instance produced at Exhibit 52 and previous award Exhibit 51, as proved in the evidence of their witness Yusufuddin at Exhibit 49. The claimant No. 1 Abdul Sattar was also examined at Exhibit 43.

5. The Land Reference Court (for short, the Court below) in the first place settled material issues as arising from the respective say of the parties. The Court below rejected the two-fold objection raised by the appellant in regard to the maintainability of the reference under section 18 of the Act. On consideration of the material evidence, as adduced by the claimants, the Court below determined the market value of the land acquired at the rate of Rs. 30,000/- per acre and accordingly, passed the amount of award granting enhanced compensation to the respondents.

6. This being the appeal by the State Government, Shri Navandar, the learned Special Counsel for the appellants reiterated the very objection to the maintainability of the reference under section 18 of the Act in the first place. It has been contended that the view taken by the Court below rejecting the two-fold objection to the maintainability of the Land Acquisition Reference was not correct.

7. At once we may say that the Court below has for sound reasons, and we think rightly, rejected those objections. It is not in dispute that an application for reference can be made by any person interested, who has not accepted the award. Proviso to sub-section (2) of section 18 of the Act, however, provides that "every such application shall be made - (a) if the person making it was present or represented befor

Click Here to Read the rest of this document