1 F.A.(St.) No.11652 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. FIRST APPEAL ST. NO.11652 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Rabhaji Balaji Jondhale ..RESPONDENT WITH FIRST APPEAL ST.NO.11656 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Bhikaji Nandu Jondhale & anr. ..RESPONDNTS WITH FIRST APPEAL ST.NO.11662 of 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Ramnath Nana Bhadange ..RESPONDENT 2 F.A.(St.) No.11652 of 2011 WITH FIRST APPEAL ST.NO.11666 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Ramnath Chima Jondhale ..RESPONDENT WITH FIRST APPEAL ST.NO.11642 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Sampat Ranba Jondhale & ors. ..RESPONDENTS WITH FIRST APPEAL ST.NO.11647 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Baban Khandu Jondhale, died, through L.Rs. Kalpana Babu Jondhale & ors. ..RESPONDENTS 3 F.A.(St.) No.11652 of 2011 WITH FIRST APPEAL ST.NO.11627 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Madhav Uma Jondhale & anr. ..RESPONDENTS WITH FIRST APPAL ST.NO.11631 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Bhausaheb Mhatarba Jondhale ..RESPONDENT WITH FIRST APPEAL ST.NO.11636 OF 2011 The State of Maharashtra, through Collector, Ahmednagar ..APPELLANT VERSUS Tulsabai Ramnath Bhadang & ors. ..RESPONDENTS 4 F.A.(St.) No.11652 of 2011 Mrs V.A. Shinde, Asstt. Govt. Pleader for the appellant/s; Mr R.D. Bhalerao, Advocate for respondent/s CORAM : MRS MRIDULA BHATKAR, J. DATE : 4th October, 2011 PER COURT : In this group of First Appeals, judgment and award passed by the Civil Judge Senior Division, Sangamner, dated 19.4.2008 is challenged. Appeals are filed under the Land Acquisition Act. The lands in Kauthe Kamleshwar, Taluka Sangamner, District Ahmednagar, were acquired by issuing notification dated 19.9.2000. The Special Land Acquisition Officer passed the award for all these lands on 18.10.2001. For all these lands the Special Land Acquisition Officer fixed different prices on the basis of their potentiality, fertility and the location. The price of the land was fixed from Rs.63,000/- per Hectare to Rs.1,03,500/- per Hectare. The claimants accepted the amount of the compensation under protest and thereafter reference was preferred under section 18 of the Land Acquisition Act, 1894 before the Civil Judge Senior Division, Sangamner. The Reference Court, after considering oral as well as documentary evidence adduced before it enhanced the amount of the compensation. The claimants in the reference demanded enhancement upto Rs. 5 F.A.(St.) No.11652 of 2011 2,50,000/- per Hectare. The Reference Court enhanced the amount to Rs.2,00,000/- per Hectare for all the lands. Said judgment and award of enhancement is challenged in all these appeals by the acquiring body. 2. Perused judgment and record before the Court. While enhancing the amount of the compensation, Reference Court has considered that the lands under acquisition are perennially bagayat lands. They situate within the zone of Sangamner Sugar Factory and cash crops like sugarcane and also crops like green grass, onions, etc. were taken by the claimants. The Land References were decided in group as the acquisition was pursuant to one notification and the lands were acquired for one project, i.e. construction of canal. Evidence of one of the applicants i.e. Madhav Uma Jondhale was adduced and sale deed dated 10.9.1993 was relied and produced by the claimants. In the sale deed at Exh.13 land was sold at Rs.1,75,000/- per Hectare. The said land was from the same village Kauthe Kamleshwar. Though the sale instance was of 1993 i.e. seven years prior to the date of issuance of the notification under section 4 of the Act, the land fetched more amount i.e. Rs.2,50,000/- per Hectare. The Reference Court has appreciated the evidence and the claim for the enhancement from different angles and has rightly relied on the said sale instance of 1993 from the same village for comparison. The Reference Court has not committed any error in holding that the entire land is a bagayati land and, therefore, compensation should be enhanced to Rs. 2,00,000/- per Hectare. No error is found in the finding and the 6 F.A.(St.) No.11652 of 2011 reasoning given by the Reference Court. The rate of the compensation which is enhanced to Rs.2,00,000/- per Hectare is not arbitrary and excessive but appropriate and reasonable. Hence, there is no merit in these appeals. Appeals are, therefore, dismissed. In the light of this, all Civil Applications for stay do not survive and they stand disposed of accordingly. ( MRS MRIDULA BHATKAR, J.) amj/fast11652.11