D.G. Karnik, J.

1. These two appeals are directed against the judgment and award dated 31st March 1986 passed by the learned Civil Judge, Sr.Division, Solapur in Land Acquisition Reference No.52 of 1988 made u/s.18 of the Land Acquisition Act. First Appeal no.72 of 1998 is filed by the State of Maharashtra while First Appeal No.233 of 1999 is filed by Solapur Municipal Corporation which is the acquiring body. The cross objections Stamp No. 16262 of 1998 have been filed by the land owner Bhimashankar Sidramappa Chippa, Partner of M/s.Umashankar Industries (for short "the claimant").

2. The land bearing City Survey No.10388. Final Plot no.34A/52 under the Town Planning Scheme No.1, Solapur admeasuring 5587.31 sq.m (hereinafter referred to as ’the suit land") was acquired by the Government of Maharashtra at the instance of Solapur Municipal Corporation for the purpose of establishment of a market. Prior to the year 1979, the suit land was reserved as a playground under reservation no.342, under the development plan for the city of Solapur. By a resolution no.148 dated 29th September 1979, the Solapur Municipal Corporation resolved that the reservation no.347 which was for market should be cancelled and the reservation suit land (reservation no.342) should be modified from playground to market. Proposal for the modification was sent to and approved by Government u/s.37 of the Maharashtra Regional Town Planning Act (for short "the Town Planning Act") Accordingly, the suit land was reserved for "market" since the year 1979-80. On 14th February 1984 the Standing Committee, Solapur Municipal Corporation passed a resolution proposing to acquire the suit land for the "market." Accordingly, the proceedings for acquisition of the suit land were initiated under the Town Planning Act and a notification under section 126(4) of the Town Planning Act was published in the Maharashtra Government Gazette on 28th November, 1985. Notice u/s.9 of the Land Acquisition Act was issued on 2nd December 1985/3rd March 1986 and an award was published by the Land Acquisition Officer on 31st March 1986 awarding compensation of Re.1/- to the claimant.

3. Aggrieved by the award, the claimant made an application for reference u/s.18 of the Land Acquisition Act and the matter was referred to the Court for determination. By the judgment and order dated 13th February 1995, the Civil Judge, Sr.Division, Solapur (for short ’the Reference Court) allowed the reference and awarded compensation of Rs.5,80,244/- plus interest to the claimant.

4. Aggrieved by the decision of the reference court, the State as well as the Solapur Municipal Corporation have filed two appeals as mentioned earlier. The claimant has also filed cross objections for enhancement of the compensation.

.5. The property bearing Final Plot no.34 admeasuring about 50,000 sq.meters of which the suit land forms a part was purchased by the claimant prior to the year 1969. He prepared a lay out which was sanctioned by the authorities on 10th March 1969. The land was divided into about 51 plots and an open space of 5587.31 sq.meters as required by the Rules. The said open space is the suit land. Different plots in the lay out were sold by the claimant and the purchasers started using them by raising constructions. When a development plan for the area was prepared under the Town Planning Act the suit land, which was an open space in the lay out, was reserved as a playground in the development plan. However, as stated earlier the Government of Maharashtra vide its order dated 28th August 1983 allowed the minor modification of the Development Plan and the reservation of the suit land was changed from playground to market in the year 1979-80. suit land was subsequently acquired by the Solapur Municipal Corporation for the purpose of establishing of a market as a part of implementation of the development plan.

6. Land Acquisition Officer in his award noted that the suit land was reserved as an open