1 F.A.No.2593/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.2593 OF 2011 The Executive Engineer, Godavari Marathwada Irrigation Development Corporation, Aurangabad through its Lower Terana Project, Canal Division No.2, Latur ..APPELLANT VERSUS Bhimrao s/o Gunda Gobade, Age 65 years, Occu.Agriculture ..RESPONDENT Mrs D.G.Ansingkar, Advocate for appellant Mr M.S.Patil, Advocate for respondent - WITH - FIRST APPEAL NO.2594 OF 2011 The Executive Engineer, Godavari Marathwada Irrigation Development Corporation, Aurangabad through its Lower Terana Project, Canal Division No.2, Latur ..APPELLANT VERSUS 1. Kadaji s/o Narsu Mane Age 70 years, Occu.Agriculture, R/o Gunjarega, Taluka Nilanga, District Latur (died) through L.R. 2 F.A.No.2593/2011 1-A Dhondiram Kadaji Mane, Age 50 years, Occu.Agriculture, R/o Awasarwada 2. The State of Maharashtra through Collector, Latur ..RESPONDENT Mrs D.G.Ansingkar, Advocate for appellant Mr M.S.Patil, Advocate for respondent 1-A Mr S.N.Kendre, A.G.P. for respondent No.2-State - WITH - FIRST APPEAL (STAMP) NO.9144 OF 2008 - WITH - CIVIL APPLICATION NO.5198 OF 2008 Godavari Marathwada Irrigation Development Corporation, Aurangabad through its Executive Engineer, Lower Terana Project, Canal Division No.2, Latur ..APPELLANT VERSUS 1. Vithoba s/o Yashwant Gobade, Age 65 years, Occu.Agriculture, R/o Gunjarega, Taluka Nilanga (died) through L.Rs. 1-A Kondiba Vithoba Gobade, Age 62 years, Occu.Agriculture 1-B Tukaram Vithoba Gobade, Age 60 years, Occu.Agriculture 1-C Baliram Vithoba Gobade, Age 55 years, Occu.Agriculture, 1-D Ram Vithoba Gobade, Age 52 years, Occu.Agriculture 1-E Balaji Vithoba Gobade, Age 45 years, Occu.Agriculture 3 F.A.No.2593/2011 1-F Loaxmibai Narsing Bansode, Age 45 years, Occu.Agriculture All R/o Gunjarga, Taluka Nilanga, District Latur. 2. The State of Maharashtra Through Collector, Latur ..RESPONDENTS Mrs D.G.Ansingkar, Advocate for appellant Mr M.S.Patil, Advocate for respondent No.1-A to 1-F Mr S.N.Kendre, A.G.P. for respondent No.2 - WITH - FIRST APPEAL (STAMP) NO.9156 OF 2008 - WITH - CIVIL APPLICATION NO.5213 OF 2008 AND CIVIL APPLICATION NO.9706 OF 2008 The Executive Engineer, Godavari Marathwada Irrigation Development Corporation, Aurangabad through its Lower Terana Project, Canal Division No.2, Latur ..APPELLANT VERSUS 1. Shivaji s/o Vitthal Shinde, Age Major, Occu.Agriculture R/o Gunjerga,Taluka Nilanga (died) through L.Rs.: 1-A Smt.Sheshabai Shahaji Shinde, Age 53 years, Occu.Agriculture 1-B Balaji Shahaji Shinde, Age 40 years, Occu.Agriculture 1-C Raju Shahaji Shinde, Age 35 years, Occu.Agriculture All R/o Nilanga, Dist.Latur 2. The State of Maharashtra, through Collector, Latur ..RESPONDENTS 4 F.A.No.2593/2011 Mrs D.G.Ansingkar, Advocate for appellant Mr M.S.Patil, Advocate for respondents 1-A to 1-C Mr S.N.Kendre, A.G.P. for respondent No.2 CORAM : MRS MRIDULA BHATKAR, J. DATE : 28th September, 2011 ORAL JUDGMENT 1. It is a group of four appeals as the first appeals of the similar nature involving the same issue are decided earlier by this Court, these four appeals are taken together. They are admitted and are being decided finally on the same line. 2. The lands in all these appeals are agricultural lands situated adjacent to the Bank of river Terna in village Gunjarega. The lands were acquired for lower terna project left canal. The following chart includes the details of the owner/claimant, Survey numbers, land acquired, L.A.R. Numbers and Appeal Numbers. Sr. No. Name of Applicant/ appellant LAR No. First Appeal No. S.No./ Area Acquird 01 Bhimrao Gunda Gobade 642/1998 2593/2011 58 R 02 Kadaji Narsu Mane 664/1998 2594/2011 35-73 R 03 Vithoba S/o Yashwant Gobade 657/1998 (St.)9144/2008 15-57 R 04 Shahaji Vitthal Shinde 648/1998 (St.)9156/2008 44-12 R 5 F.A.No.2593/2011 3. The Notification under Section 4 was taken out on 22.10.1991 and award was passed on 27.4.1995 for the respective lands. Special Land Acquisition Officer has fixed the amount of the compensation within the range of Rs.11,600/- to Rs.13,200/- per acre. The land owners accepted the said amount under protest and land references against the said award were made. The reference Court i.e. Civil Judge, Senior Division at Nilanga decided the land references comprising a group of 19 matters by its order dated 5.1.2008. The reference Court enhanced the amount of the compensation and awarded within the range of Rs.25,000/- to Rs.35,000/- per acre. For the lands which are subject matter of the present appeals, the lowest amount of Rs.25,000/- per acre was fixed. Being aggrieved by the said order, acquiring body has filed these appeals. Learned Counsel appearing for the respondents and the appellants pointed out that the group of appeals of the similar nature was decided by this Court by its order dated 10.3.2010 and has confirmed the order passed by the Reference Court. 4. Perused the record and proceedings and order passed by the Reference Court. The Reference Court has relied on the evidence of the applicants so also the sale instances of the agricultural lands from village Sindkhed. The distance between village Sindkhed and village Gunjarega is 2 Kms. A Sale deed in respect of transaction of one acre 6 F.A.No.2593/2011 from S.No.52 of Sindkhed for Rs.40,000/- was considered. It was a dry land. It appears from the record that the applicants have examined one Vishwanath Rama Madiwad in support of the said sale instance. The lands acquired for the project are adjacent to river bank and was fertile and the crops like sugarcane, paddy chili, groundnut, wheat, vegetables, Jawar etc. were yielded from the said lands and it was giving good income to the applicants/original claimants. Thus, the Reference Court has considered all these factors and has rightly fixed the amount of compensation as Rs.25,000/- per acre. The said enhancement in the award is reasonable, not excessive. Moreover, the judgment of this Court dated 10.3.2010 in F.A.No.3465 of 2008 and other connected appeals is relied, this Court takes the same view. Appeals are, therefore, dismissed. Consequently, all civil applications are dismissed. ( MRS MRIDULA BHATKAR, J.) (vvr/2593.11fa)