fast17733.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 17733 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Chandrakant Hanmantrao Biradar .. RESPONDENT WITH FIRST APPEAL ST. NO. 17720 OF 2009 The State of Maharashtra & another .. APPELLANT VERSUS Kishanrao Venkatrao More .. RESPONDENT Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 PER COURT : 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Ahmedpur, Camp at Udgir on 12-2-2007 in LAR nos. 3036/2001 and 3037/2001 whereby the reference court while allowing the reference applications directed payment of compensation in respect of acquired fast17733.09 2 lands at the rate of 43,400/- per acre. 2 Lands belonging to claimants were acquired by the State Government for construction of percolation tank at village Manki Tq. Udgir, Dist. Latur. Lands belonging to the claimants admeasuring 1 H and 75 R and 30 R came to be acquired for construction of percolation tank. Notification under section 4 of the Land Acquisition Act was issued on 8-2-1996 and after following the procedure prescribed under the Act, award came to be passed on 20-10-1997 which was declared on 5-1-1998. The Land Acquisition Officer awarded compensation at the rate of Rs. 390/- per R i.e. Rs.15,600/- per acre. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered applications seeking reference of the matters to the civil court for determination of market value of the acquired properties. Claimants claim compensation at the rate of Rs.60,000/- per acre. Reference court, however, after considering the evidence laid by the claimants, directed payment of compensation at the rate of Rs.1085/- per R i.e. Rs.43,400/- per acre. In order to substantiate their claim, claimants have placed reliance on sale instance at exh. 20 which is in respect of agricultural land out of gat no. 261 admeasuring 47 R purchased by one Shivaji and Sheshrao. Sale instance is admittedly pre-notification sale and the value of fast17733.09 3 the agricultural land purchased by the purchaser was Rs,. 1500/- per R. It is deposed by the witness for the claimants that the land covered by the sale instance is situate within the vicinity of the acquired land. It is further stated that village Konali (Nagral) is situate just adjacent to village Manki and as such, sale instance from village Konali (Nagral) is relevant for consideration. Considering the aspects as regards quality and fertility of the acquired land as well as the land covered by the sale instance, so also distance of the acquired property and the land covered by the sale instance, reference court on the basis of guess work has arrived at market value of the land at Rs. 1085/- per R. In my opinion, the view adopted by the reference court is reasonable and enhancement of compensation payable to the claimants is quite moderate. In this view of the matter, no interference is called for in the instant appeals. Appeals being devoid of substance stand dismissed. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast17733.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9377 OF 2009 WITH CIVIL APPLICATION NO. 9379 OF 2009 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 1 These are the applications seeking condonation of delay of 828 days occurred in presenting the first appeals. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 828 days occurred in presenting the first appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb