JUDGMENT :

1. This is an appeal filed by the Appellant for enhancement of compensation for the acquired land and cattle shed, being aggrieved by the judgment and award dated 9th September 2010 passed in Land Acquisition Reference No.9 of 2001 partly allowing the reference and directing the Respondents to pay additional compensation for his house on the acquired land.

2. Mr. Joshi, learned Counsel appearing for the Appellant has submitted that the Appellant was the owner of the land bearing Survey No.71, Hissa No.2 (B), situate at Village Lonad, Taluka: Bhiwandi, Dist. Thane. The said land was acquired by the Respondents vide Notification issued under Section 4 of the Land Acquisition Act, 1894, (the “Act”) on 12th February 1981 and Notification issued under Section 6 on 10th December 1983. Ultimately, the Award was made on 23rd September 1986 and the possession of the land was taken by Acquiring Body on 19th January 2000.

3. The Appellant received the amount of compensation in view of acquisition of the aforesaid land. However, the said amount was not sufficient. The Appellant therefore made an Application under Section 18 of the Act, being Land Acquisition Reference No. 9 of 2001 before the Special Land Acquisition Officer, Thane, by way of a reference seeking enhancement of compensation for the acquisition of the land. In the said reference, the Appellant stated that the Appellant through his Advocate submitted a representation/letter dated 29th October 1999 and thereafter on 22nd September 2000 for issuing the amount of compensation which letter was answered by the Respondents on 10th January 2021 and an amount of Rs. 96,957/- was given to the Appellant by cheque. Thereafter, the Respondents/acquiring body also paid an amount of Rs. 1,40,537/-. The Appellant, therefore, prayed for enhancement on the ground that the valuation report which was submitted by the Appellant was not taken into consideration. The said valuation report of Shri Vaidya was produced on record by the Appellant below Exhibit 27. After filing the application for reference, the Applicant/Appellant realized that the amount of compensation towards loss of milk business remained to be claimed in the application for reference, and therefore, an application was made by the Appellant below Exhibit 15 seeking compensation towards loss of milk business. In the said application below Exhibit 15 the Applicant/Appellant had stated that while making an application for reference under Section 18 of the Act, the compensation towards loss of milk business remained to be claimed and it being a bonafide mistake, by way of an application for amendment, the Applicant/Appellant was praying for compensation towards loss of milk business. In the said application for amendment below Exhibit 15, the Applicant/Appellant stated that the Applicant/Appellant was carrying on a milk business in a stable which was abutting his residence and for the purpose of carrying on such milk business, the Applicant/Appellant purchased buffaloes. The Appellant was having 10 she buffaloes. The Appellant gave in tabular form the amount which the Applicant/Appellant used to receive by selling the milk for the period from August, 1986 to March, 1989 totalling 32 months and for these 32 months, the Applicant/Appellant totally computed the compensation at the rate, more particularly mentioned in the application for amendment.

4. The table given by the Appellant is as under:

5. The Appellant thus computed 150 months from 1989 to September 2001 i.e. the period between the milk business he had to stop in view of the acquisition of his land and the period of making reference. Thus, the Appellant computed at Rs.4,71,000/- and 30% for solatium which comes to Rs.1,41,300/- with 9% interest on it, which totals to Rs.6,54,690/-.

6. The Appellant to substantiate his case of loss of milk business produced on record the account book for the aforesaid period in which there are entries of persons to whom the Appellant