Per Swatanter Kumar, C.J.:

First Appeal Nos. 215 to 220 of 1995 have been preferred by the State while First Appeal No. 41 of 1997 has been preferred by the claimants against the same judgment of the Reference Court dated 21st April, 1994. Thus, it will be appropriate to dispose of these appeals by a common judgment since they arise from the same judgment.

2. The claimants are residents of villages Ambad and Pathardi of Nashik District. A preliminary notification was issued by the Competent Authority on 29th January, 1971, in furtherance to which notifications under Section 32 (2) of the Maharashtra Industrial Development Act, 1961 (hereinafter referred to as “the MIDC Act”), were issued on 28th November, 1971, 24th December, 1971 and 29th November, 1971. Further, notifications under Section 32 (i) of the said Act of 1961 were issued on 28th September, 1972, 21st February, 1972 and 14th January, 1975. Upon notice to the claimants, the Special Land Acquisition Officer No.1, Nasik, vide his award dated 22nd September, 1986, while awarding different amounts to different claims depending upon the location of the acquired lands, awarded the compensation as under.

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L.R. No. S.No. Area acquired Rate awarded Amount

by SLAO awarded

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1. 165/87 235 of 17200 sq.mtr. Rs. 1.50 nps. 25,800/- Pathardi

2. 166/87 38 of 430000 “ Rs. 3.60 nps. 1,54,800/- Ambad

3. 167/87 40 of 16100 “ Rs. 3.60 nps. 66,635/- Ambad.

4. 168/87 294 of 100000 “ Rs. 4.00 nps. 4,00,000/- Pathardi

5. 169/87 293/1 of 117200 Rs. 4.00 nps 4,68,800/- Paghardi

6. 170/87 293/2 of 12400 “ 49,600/- 292 10500 2/- 21,000/-

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3. Dissatisfied from the awarded compensation, the claimants preferred Appeals under Section 34 of the MIDC Act, praying for enhancement of the compensation awarded to them for acquisition of their lands. The learned Reference Court vide its judgment dated 21st April, 1994 increased the compensation payable to the claimants from Rs. 5.70 per sq. mtr. to Rs. 9.70 per sq.mtr. depending upon the location of the land, sustaining the classification of the land effected by the revenue authorities.

4. The State of Maharashtra felt that the amount awarded to the claimants was much in excess of what ought to have been awarded to them, challenged the correctness of the judgment of the Reference Court dated 21st April, 1994, filed Appeal Nos. 215 to 220 of 1995. The claimants dissatisfied with the amount awarded by the Reference Court filed First Appeal No. 41 of 1997 for enhancement of the amount to the claimed amount of Rs. 50/- per sq.mtr.

5. In the judgment under appeal, the learned Reference Court recorded that the link road had already been established from Satpur Industrial Area which was adjoining Bombay-Agra Road. The present lands were acquired for the purpose of industrial establishment of Ambad. Uttam Nabaji Kahale, Witness No.1, deposed on behalf of the claimants that the lands were from both villages and are situated by the side of Bombay-Agra Road. While referring to the potential of the land, it was stated that the supply of water and good climate conditions existed on the land in question and had great potential of industrial and allied purposes. The contention raised before us on behalf of the claimants is that keeping in view the documentary evidence produced by them in the shape of Exhibits-31 and 32 respectively which are sale deeds in relation to sale of 548 and 480 sq.mtrs. respectively were agreed to be sold in the years 1968 and 1970, while the sale deeds were registered on 11th April, 1972. Having the sale deeds as the basis, the Reference Court should have awarded higher compensation particularly keeping in view the judgment of the High Court in First Appeal No.