( 1 ) BY the Order dated 21st March, 2009 passed by the Division Bench of this Court presided over by the Hon'ble Shri Justice B. H. Marlapalle and the hon'ble Shri Justice D. J. Karnik in First Appeal No. 70 of 1992 with First Appeal no. 382 of 1993, the following questions are referred for the authoritative decision to the Larger Bench :-

1. Whether a claimant, whose land is acquired, can be allowed to amend his claim application so as to enhance the compensation claimed in an application for Reference under section 18 of the Land Acquisition Act, 1894?

2. If yes, at what stage can an amendment be allowed? that is to say during the pendency of the Reference before the reference Court (Court of first instance) or even at the stage of an appeal in the High Court arising out of the decision of the reference Court?

3. If answer for the question no. 1 is in the affirmative, whether the enhanced claim made by an amendment effected after the expiry of the period of limitation for making of a Reference under section 18 of the Act can be considered?

( 2 ) IN order to answer the issues referred above, brief survey of the facts in first Appeal No. 70 of 1992 giving rise to the Reference, may not be out of place. The land bearing survey no. 247/1 (part) situated at Village Navade, admeasuring 30,620 sq. mtrs. belonging to the claimants was acquired by the state of Maharashtra for New Bombay Project. A notification under section 4 of the Land Acquisition Act, 1894 (hereinafter for the sake of brevity referred to published in Maharashtra Government Gazette on 4th as "the Act")was february, 1970 which culminated in Award which was passed by the Special land Acquisition Officer on 26th August, 1986 whereunder the compensation was awarded at the rate of Rs. 1. 50 per sq. mtr. . After the receipt of the notice under section 12 of the Act, the claimants made an application to the Collector under section 18 of the Act, for making Reference to the Court. In the said application, the compensation was claimed at the rate of Rs. 15/- per sq. mtr. The Collector on 28th January, 1987 referred the matter to the District Court for determination of compensation. On 10th October 1989, the claimants made an application at Exhibit "8" for amendment of Reference claiming enhancement of compensation at the rate of Rs. 20/- per sq. mtr. . The District Court after hearing the respective parties, by an order dated 13 th June, 1990 allowed the application. The District Court after appreciating the evidence on record, concluded that the market value of the land on the relevant date was Rs. 12/- per sq. mtr. and passed an Award. Both, claimants as well as the State, being aggrieved by the decision of the District Court filed Cross Appeals. During the pendency of these Appeals, this Court decided few other Appeals arising out of acquisition of other lands acquired under the same notification. The claimants therefore, preferred an Application No. 3244 of 2006 for amendment of the memo of appeal to enhance the claim of compensation for the acquired land at the rate of Rs. 35/- per sq. mtr. . This application was allowed on 9th April, 2007. It appears that at the time of hearing of the above Appeals, the learned agp objected permission granted to the claimants to enhance the claim of compensation. It was submitted that the District Court as well as this Court cannot grant compensation at the rate higher than Rs. 15/- per sq. mtr which was claimed by the claimants in original application for Reference under section 18 of the Act. The learned Counsel for the claimants, on the contrary claimed that the issue of enhanced compensation cannot be re-opened and in any case, in view of the provision of section 53 of the said Act, the provisions of Order 6 rule 17 of the Code of Civil Procedure, 1908 are applicable to the reference proceedings and therefore, no fault can be found in the order allowing the claimants to enhance the claim of compensation. The Division B