A.S. Oka, J.

This group of First Appeals can be disposed of by a common judgment and order. As some of the Appeals pertain to jurisdiction of learned Single Judge, an order dated 16th July, 2012 has been passed by Hon'ble the Chief Justice assigning these Appeals to this Court. These Appeals consist of two groups. One group of the Appeals is First Appeal No.699 of 2002 alongwith the First Appeal Nos.1053 of 2009 to 1056 of 2009. In these Appeals, the challenge is to the judgment and award dated 21st December, 2000 passed by the learned Joint District Judge in Land Acquisition Reference Nos.264 of 1993 to 267 of 1993. The remaining Appeals out of this group of First Appeals arise out of a common judgment and award dated 30th April, 2001 in Land Acquisition Reference Nos. 213 of 1994 to 232 of 1994, 128 of 1995, 129 of 1995, 72 of 1996 and 28 of 2001. All the aforesaid references are under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”).

FACTS OF GROUP I

2. The lands subject matter of the first group of First Appeals being First Appeal No.699 of 2002 and First Appeal Nos.1053 of 2009 to 1056 of 2009 are situated at Male-Dumale, Taluka Dindori, District – Nashik. The lands were notified under a Notification under Section 4(1) of the said Act which was published in Government Gazette dated 4th January, 1990. The purpose of acquisition was construction of the Punegaon Dam. The acquired lands subject matter of the said References are the agricultural lands. The awards under Section 11 of the said Act were made on 23rd January, 1993. While offering compensation by the award under Section 11 of the said Act, the Special Land Acquisition Officer divided the acquired lands into four categories viz. Jirayat-I, Jirayat-II, Jirayat-III and Jirayat-IV. The market value offered by the Special Land Acquisition Officer for the said categories is as under:

1. Jirayat –I Rs.19,000/-Per Hectare

2. Jirayat –II Rs.21,000/-Per Hectare

3. Jirayat –III Rs.23,000/-Per Hectare

4. Jirayat –IV Rs.25,000/-Per Hectare

The Pot kharaba land was valued at Rs.200/-Per Hectare. The Special Land Acquisition Officer offered compensation for the wells and structures separately as per the valuation made by the Competent Authority. The Special Land Acquisition Officer accepted the valuation of trees/orchards on the acquired lands made by the Horticultural Department and compensation was offered accordingly for trees/orchards.

As far as fuel trees are concerned, no compensation was offered. The Claimants did not accept the compensation offered by the Award under Section 11 of the said Act and at their instance, references were made under Section 18 of the said Act. By the impugned judgments and awards, the learned Trial Judge came to the conclusion that in case of the lands falling in Bagayat –III, the market value will be Rs.1,33,000/-Per Hectare. On that basis, the learned Trial Judge determined the market value of various categories of the lands.

1. Jirayat –I Rs.86,000/-Per Hectare

2. Jirayat –II Rs.88,000/-Per Hectare

3. Jirayat –III Rs.90,000/-Per Hectare

4. Bagayat –I Rs.1,29,000/-Per Hectare

5. Bagayat II Rs.1,31,000/-Per Hectare

6. Bagayat III Rs.1,33,000/-Per Hectare

7. Bagayat IV Rs.1,35,000/-Per Hectare

3. The learned Trial Judge did not grant any enhanced compensation on account of trees/orchards, wells and structures. The learned Judge observed that as far as the valuation of Pot kharaba land at Rs.200/-Per Hectare made by the Special Land Acquisition Officer is concerned, none of the Claimants have either pleaded or proved that the said rate was inadequate. The learned Judge granted statutory benefits under Section 23(1A) and Section 23(2) of the said Act. The learned Judge also granted statutory benefit under Section 28 of the said Act. However, the benefit of interest under Section 28 was granted only on the component of excess land value and not on the other two components under Section 23(2) and Se