The determination of land compensation must consider comparable sales and surrounding development potential to ensure fair market value.

JUDGMENT :

(PER SANDIPKUMAR C. MORE, J):-

1. All these First Appeals are taken up together for disposal by common judgment, since the challenge therein is to the common judgment and award dated 29^th April 2022, passed by the learned Joint Civil Judge, Senior Division, Latur (hereinafter referred to as ‘the (5) Reference Court’) in Land Acquisition Reference Nos. 80, 81, 82, 83 of 2012 and 323 of 2017. The first group of five appeals has been preferred by the original land owners, whose lands are acquired for construction of Percolation Tank No.2 at village Babhalgaon, District Latur. In the first group of five appeals, the Special Land Acquisition Officer offered compensation @ Rs. 1394/- per R and 2788/- per R. However, the learned Reference Court partly allowed the Reference Petitions of the appellants/claimants by granting compensation @ Rs. 125/- per sq. ft. along with other statutory benefits. As such, the appellants/claimants preferred these appeals for enhancement of the compensation, by claiming it at the rate of 250 per sq. ft. along with the other statutory benefits. The State too has preferred the other five appeals, i.e. second group for reduction of rate of compensation awarded by the learned Reference Judge.

2. We have heard the learned counsel for the appellants/claimants as well as learned A.G.P. for the State in their respective groups of appeals.

3. The learned counsel for the appellants/claimants in first group of five appeals submitted that the impugned judgment is illegal, perverse and inadequate compensation is awarded, since the learned Reference Court failed to consider that the acquired lands were having high potentiality as well as commercial use. According to him, the (6) acquired lands were adjacent to Latur-Nilanga State Highway and surrounded by developed infrastructure. Besides, there were Government facilities in proximity of those lands, such as District headquarters, R.T.O. Office, Police Training Academy, District Police Training Center, Government Rest House, and Primary Health Center. There are also educational institutions, such as Dayanand Senior and Junior College and Vocational College. In addition to that, there are other institutions including Bank, Milk Dairy, Shopping Complex and residential colonies near to the acquired lands. He pointed out that village Babhalgaon is within the Municipal Limits of Latur city with a population of over Ten Thousand and it is developing rapidly. According to him, the learned Reference Judge definitely erred in not considering the comparable sale instances of the same village in respect of Gut No. 28, showing the rates between Rs. 214 to 250 per square feet. Further, according to him, the learned Reference Judge also did not consider the previous judgments wherein higher rate was given to the similar placed lands. He further submitted that, though the learned Reference Judge relied only on the last rate of Rs. 166/- per sq. ft. as reflected from the award in LAR No. 894 of 2009 at Exh.36, but further applied 25% deduction unnecessarily. Thus, he prayed for enhancement at the rate of Rs. 250/- per sq. ft. along with allied statutory benefits.

4. On the contrary, the learned A.G.P. submits that the compensation granted by the learned Reference Court in the instant matters is definitely exorbitant and needs further reduction. He pointed out as to how the judgment in First Appeal No. 1459 of 2020 with connected matters cannot be used on the ground of parity. As such, he sought appropriate reduction in