Per MARLAPALLE B.H., J.:---As against an amount of Rs. 6,15,978/- (Rupees six lakhs fifteen thousand nine hundred seventy-eight only) awarded by the Land Acquisition Officer as compensation for the land acquired under the Land Acquisition Act, 1894 (for short the Act) for the Maharashtra Tourism Development Corporation, the land owner walked away with an amount or Rs. 4,15,72,035/- (Rupees Four Crores Fifteen Lakhs Seventy-Two Thousand Thirty-Five only) on account of the Award passed in L.A.R. No. 945 of 1996 and an order in Regular Darkhast No. 142 of 2002, as noted by us in our interlocutory order dated 13th February, 2003 which was carried before the Apex Court and the S.L.P. (Civil) No. 3774 of 2003 came to be dismissed as withdrawn on 10th of March, 2003. In Regular Darkhast No. 142 of 2002 he was directed to be paid an additional amount of Rs. 2,32,60,845/- by order dated 25th April, 2002 and this order has been stayed in Writ Petition No. 4553 of 2002 by this Court.

2. These appeals have brought in question the legality of the Award passed by the learned Joint Civil Judge, Senior Division at Aurangabad on 5th of October, 1999. The Land Acquisition Officer had fixed the market value at the rate of Rs. 300/- per acre or Rs. 30,000/- per hectare (Rs. 12,000/- per acre) for the entire subject land and the Reference Court classified the said land in three different categories and fixed the market value at the rate of Rs. 11.82 ps. (Rupees Eleven and Paise Eighty Two only) per square foot for 10 hectares and 95 ares, Rs. 2,000/- per are 7 hectares and 24 ares and Rs. 1,200/- per are for 2 hectares and 73 ares of land.

3. The Maharashtra Tourism Development Corporation is fully owned by the Government of Maharashtra and it ventured to develop the tourism industry all over the State. In the proximity of the Ajintha and Ellora caves it proposed to come up with tourism development projects and for the same it needed land in the nearly villages. The Director of the said Corporation, vide his letter dated 12th of May, 1989, approached the Collector, Aurangabad for acquisition of about 235 hectares of land from village Fardapur, Ajintha and Thane in Soyegaon Taluka of Aurangabad District, based on the survey report already prepared. The notification under section 4(1) of the Act for acquisition of 232 hectares and 20 ares land from village Fardapur and Thane came to be published in the Maharashtra Government Gazette dated 14th February, 1991 and prior to the said date it was published in the local news papers on 26th and 30th April, 1990. Declaration under section 6 of the Act was published in the Government Gazette on 12th September, 1991 and in the local news papers it was published on 3rd August, 1991. The Land Acquisition Officer passed his final Award on 22nd July, 1993. So far as the village Fardapur is concerned, a total of 198 hectares and 68 ares land and from village Thana 33 hectares and 52 ares land was under acquisition. These appeals concern the following land from village Fardapur.

Gat No. ... Total area.

67 ... 2 Hec. 73 Ares.

68 ... 5 Hec. 99 Ares.

69 ... 7 Hec. 44 Ares.

93 ... 4 Hec. 76 Ares.

4. The compensation determined by the Land Acquisition Officer was received by the claimant on 16th September, 1993 under protest and an application under section 18 came to be submitted on or about 20th October, 1993. The same was referred to the Court below for adjudication. On behalf of the Collector, Aurangabad written statement was filed and a prayer for enhanced compensation at the rate of Rs. 20,000/- per are for the land in Gat Nos. 68, 69 and 93 and Rs. 5,000/- per are for the land in Gat No. 67 was opposed. In support of the claim, the claimant himself and one more witness by name Shri Majid Khan s/o. Ajmer Khan were examined in support of the sale instance at Exhibit 19 in respect of a Gaothan plot admeasuring 14 x 29. The Reference Court accepted the plea of the claimant that land admeasuring 10 hectares 95 ares

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