fast17201.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 17201 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Shri Madhukar Ganpati Landge & others .. RESPONDENTS Mr. K.S. Patil, advocate for the appellants. ===== CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 PER COURT : 1 This is an appeal by the State Government raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Laturu in LAR No. 645/2003 decided on 20-4-2006 whereby reference court directed payment of compensation in respect of acquired land at the rate of Rs.1,00,000/- per hector. 2 Land belonging to the claimants / respondents herein admeasuring 3 H and 87 R out of block no. 113 came to be acquired for the purpose of fast17201.09 2 construction of percolation tank at village Dautpur, Tq. Ausa, Dist. Latur. Notification under section 4 of the Land Acquisition Act was issued on 1-6-2000 and the award came to be passed on 21-1-2002. Land Acquisition Officer awarded compensation in respect of the acquired land at the rate of Rs. 39,000/- per hector. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered an application seeking reference of the matter to the civil court. Claimants claim value of the land at the rate of Rs. 5,00,000/- per hector. Reference court, however, after receiving evidence laid by the parties allowed the claim partly and directed payment of compensation at the rate of Rs. 1,00,000/- per hector. 3 I have perused the judgment and award passed by the reference court and heard arguments advanced by learned counsel appearing for the parties. Claimants, in order to substantiate their claim, placed reliance on two sale instances produced on record at exh. 11 and 13. Sale deed at exh. 11 is in respect of land sold by one Ganesh Yadav in favour of Dattatraya Bade for consideration of Rs. 1,70,000/- on 5-5-2000. Sale instance at exh. 33 is in respect of 33 R land which has been alienated for Rs. 1,25,000/-. Both the sale instances are pre-notification sales and are relevant for determination of value of the acquired property. Considering fast17201.09 3 the sale instances, reference court awarded compensation at the rate of Rs. 1,00,000/- per hector. Considering the fact that the lands covered by the sale instances are situate at a distance of about 2 kms. from the acquired land, reference court has reduced the amount of compensation payable to the claimants to Rs. 1,00,000/- per hector. I am of the opinion that the view adopted by reference court is reasonable and proper. Enhancement in compensation amount directed by the reference court is quite moderate and as such no interference is called for in this appeal. Appeal is devoid of substance hence stands dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast17201.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9366 OF 2009 IN FIRST APPEAL ST. NO. 17201 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 This is an application seeking condonation of delay of 1120 days occurred in presenting the first appeal. 2 Heard. For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 1120 days occurred in presenting the first appeal stands condoned. Civil application stands allowed. ( R.M. BORDE) JUDGE dyb