1. By this appeal, the State of Maharashtra takes exception to the judgment and order dated 2nd May, 1991 passed by the District Court, Raigad on reference under Section 18 of Land Acquisition Act, 1894.

2. The land under reference has been acquired by the government for New Bombay Project. The compensation awarded by the Special Land Acquisition Officer, Metro Centre No.VI, Panvel for the land, trees and well are Rs.24,898.32p, Rs.83,629/and Rs.500/respectively. The possession of the land, trees and well was handed over to the Special Land Acquisition Officer on 9th September,1986 and the payment of compensation was made on 20th October, 1986. The respondents are the heirs and legal representatives of the original claimant Ambya. The original claimant was not satisfied with the compensation awarded by the Special Land Acquisition Officer. He claimed that the market value of the acquired land was at the rate of Rs.20/per sq.mtr. Therefore, he filed the reference under Section 18 of the Land Acquisition Act, 1894 for enhancement of the compensation payable. During pendency of the reference, the original claimant died and the present respondents were brought on record as his heirs and legal representatives. On 19th September 1990, the respondents amended the reference to claim enhanced compensation in respect of the fruitbearing trees and the well situate on the land.

According to the appellant, this claim for enhanced compensation for the trees and well situate on the land is barred by limitation provided under Section 18 of the Land Acquisition Act. The appellant also contended that the compensation awarded by the Special Land Acquisition Officer was adequate and the same did not require any revision. The learned District Judge considered the rival contentions of the parties and enhanced the compensation for the land from Rs.5/per sq.mt to Rs.7/per sq.mt and awarded additional compensation of Rs.96,621.68p for the land. He valued the trees on the land separately and awarded additional compensation of Rs.3,62,971/to the respondents. As regards the well, the learned judge enhanced the compensation by Rs.1500/. Alongwith the above additional compensation, the respondents are granted benefits under Section 23(1A), 23(2) and 28 of Land Acquisition Act.

3. Though the challenge in the present appeal is to the entire enhancement of the compensation, Ms.Mulekar the learned AGP states that the appellant restricts the challenge only to the enhancement of compensation in respect of the trees and well situate on the land above. This is because, the question of enhancement of compensation in respect of the land has already been considered by this court in another First Appeal. The respondents had filed an Appeal being First Appeal No. 104 of 1992 from the impugned judgment and order praying for enhancement of the compensation awarded in respect of the land. That appeal came to be decided by the order dated 4th March, 2003. The Appeal was disposed off on the basis of common judgment and order dated 18th July, 2001 passed in a group of appeals arising out of references in respect of grant of compensation for several adjoining lands acquired under the same notification. For the sake of convenience, the order dated 4th March, 2003 is reproduced below : “.

For the reasons mentioned in First Appeal No. 462 of 1990, this appeal is allowed. The claim of the claimants stands decreed at the rate of Rs.10 per sq.mts. The solatium interest be calculated accordingly as per provisions of Sections 23(2) and 28 of Land Acquisition Act. The state shall be entitled to the deduction at the rate of 10% of the entire compensation. The appeal is accordingly allowed. In so far as the contention of not granting of adequate compensation of lands, trees and well is concerned, the findings recorded by the Land Acquisition Officer is proper. No interference is called for. No order as to costs. “

It can be seen that by the above order, there is further revision