fast20037.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 20037 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Bappa s/o Ganpatrao Dhekale .. RESPONDENT WITH FIRST APPEAL ST. NO. 20123 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Badam s/o Ram Khatke & another .. RESPONDENTS Mr. N.R. Shaikh, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 14 th JUNE, 2011 fast20037.09 2 PER COURT : 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the 5 th Adhoc Additional District Judge, Beed in LAR Nos. 10/2002 and 11/2002 decided on 6-12-2005. 2 Lands belonging to the claimants came to be acquired by the State Government for construction of percolation tank at village Tippatwadi ( new) Tq. Beed. Notification under section 4 of the Land Acquisition Act was issued on 29-12-1994 and, after following the procedure prescribed under the Land Acquisition Act, award came to be passed on 31-3-1996. The Land Acquisition Officer awarded compensation at the rate of Rs. 220/- per R. The claimants being dis-satisfied with the award passed by the Land Acquisition Officer tendered separate applications seeking reference of the matters to the civil court for determination of proper market value of the acquired lands. Claimants claim compensation at the rate of Rs. 1500/- per R. In order to substantiate their claim, claimants placed reliance on copy of sale-deed at exh. 24 dt. 30-12-1992. In order to prove the sale transaction, the claimants have examined one Ganpati Shendge as PW 2 who has deposed that he has purchased 4 R Jirait land for Rs. 50,000/- from one fast20037.09 3 Dnyanoba. The land is at a distance of 300 to 400 mtrs. from the acquired lands. The witness has also deposed about the quality and fertility of the land and contended that the acquired lands are of the same quality and fertility as that of the land purchased by him under the sale transaction. The rate of property covered by the sale instance comes to Rs. 1290/- per R. Considering the sale instance as well as evidence placed on record by the claimants relating to quality and fertility of the lands, trial court arrived at conclusion that the market value of the acquired land shall not be less than Rs. 1,050/- per R. Trial court thus awarded compensation at the rate of Rs. 1,050/- per R i.e. Rs. 40,200/- per acre. 3 I have perused the judgment and award passed by the reference court and heard arguments advanced by learned AGP. I am of the view that the reasons recorded by the reference court for directing enhancement in the amount of compensation payable to the claimants are proper. Reference court has awarded quite moderate enhancement in the amount of compensation payable to the claimants. Considering all the facts and circumstances, in my opinion, no interference is called for in the appeals. Appeals being devoid of substance stand dismissed. fast20037.09 4 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast20037.09 5 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 10793 OF 2009 WITH CIVIL APPLICATION NO. 10819 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 : 14 th JUNE, 2011 1 These are the applications seeking condonation of delay of 1151 days occurred in presenting the appeals. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 1151 days occurred in presenting the appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb