fa1131to1136-03 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1131 OF 2003 1] State of Maharashtra Through Spl.Land Acq.Officer (MIW) Jalgaon. 2] The Executive Engineer (MIW) Jalgaon. .. APPELLANTS [ORIG.RESPONDENTS] VERSUS Kushibai w/o Gulzar Beg Age 50 yrs, Occu Agri R/o Mengaon, Tq. Jamner Dist.Jalgaon .. RESPONDENT [ORIG.PETITIONER] ... Shri A.M.Phule,AGP For appellants Shri A.B.Kale,Adv for respondent … FIRST APPEAL NO. 1132 OF 2003 1] State of Maharashtra Through Spl.Land Acq.Officer (MIW) Jalgaon. 2] The Executive Engineer (MIW) Jalgaon. .. APPELLANTS [ORIG.RESPONDENTS] VERSUS Eknath Keshav Patil Age 51 yrs, Occu Agri R/o Mengaon, Tq. Jamner Dist.Jalgaon .. RESPONDENT [ORIG.PETITIONER] fa1131to1136-03 -2- ... Shri B.V.Vardhe,AGP For appellants Shri A.B.Kale,Adv for respondent … FIRST APPEAL NO. 1133 OF 2003 1] State of Maharashtra Through Spl.Land Acq.Officer (MIW) Jalgaon. 2] The Executive Engineer (MIW) Jalgaon. .. APPELLANTS [ORIG.RESPONDENTS] VERSUS Ramprasad Babulal Shukla Age 50 yrs, Occu Agri R/o Mengaon, Tq. Jamner Dist.Jalgaon .. RESPONDENT [ORIG.PETITIONER] ... Shri A.M.Phule,AGP For appellants Shri A.B.Kale,Adv for respondent … FIRST APPEAL NO. 1134 OF 2003 1] State of Maharashtra Through Spl.Land Acq.Officer (MIW) Jalgaon. 2] The Executive Engineer (MIW) Jalgaon. .. APPELLANTS [ORIG.RESPONDENTS] VERSUS Pandurang Madhav Padole Age 30 (deceased through his fa1131to1136-03 -3- L.Rs.) 1] Smt.Gayabai Pandurang Padole Age 65 yrs. 2] Shri Devidas Pandurang Padole Age 33 years 3] Shri Madhukar Pandurang Padole Age 24 yrs. 4]Sow.Rajendra Subhash Padole Age 31 yrs 5]Ramesh Pandurang Padole Age 30 yrs. 6]Sow.Vandana Subhash Mule Age 26 yrs. Occ of All Agri. R/o Mengaon Tq.Jamner, No.5 Ramesh Pandurang Padole for himself & S.D. Of Attorney of petitioner No.1 to 4 and 6. .. RESPONDENTS [ORIG.PETITIONER] ... Shri P.N.Kutti,AGP For appellants Shri A.B.Kale,Adv for respondent FIRST APPEAL NO. 1135 OF 2003 1] State of Maharashtra Through Spl.Land Acq.Officer (MIW) Jalgaon. 2] The Executive Engineer (MIW) Jalgaon. .. APPELLANTS [ORIG.RESPONDENTS] VERSUS Ram Krushna Damu Mali Age 55 yrs, Occu Agri fa1131to1136-03 -4- R/o Shendurni, Tq. Jamner Dist.Jalgaon through Spl.Power of Attorney Kartunabai Damu Mali .. RESPONDENT [ORIG.PETITIONER] ... Shri A.M.Phule,AGP For appellants Shri A.B.Kale,Adv for respondent … FIRST APPEAL NO. 1136 OF 2003 1] State of Maharashtra Through Spl.Land Acq.Officer (MIW) Jalgaon. 2] The Executive Engineer (MIW) Jalgaon. .. APPELLANTS [ORIG.RESPONDENTS] VERSUS Yeshwant Keshav Patil Age 46 yrs, Occu Agri R/o Shendurni, Tq. Jamner Dist.Jalgaon. .. RESPONDENT [ORIG.PETITIONER] ... Shri A.M.Phule,AGP For appellants Shri A.B.Kale,Adv for respondent ... CORAM : S.V.GANGAPURWALA,J. DATED : 15TH OCTOBER, 2015 ORAL JUDGMENT :- The claimants being dissatisfied with the amount of compensation awarded by Land Acquisition Officer filed References fa1131to1136-03 -5- u/s 18 of the Land Acquisition Act. The said References are allowed. Aggrieved thereby, the State has filed present appeal. 2] Respective A.G.Ps. submit that the reference Court granted exorbitant compensation amount. Only one sale deed is relied of village Shendurni and the majority of the acquired lands are from village Mengaon. According to the learned AGPs sale instance is in respect of land admeasuring 81 Aar sold for Rs.1,50,000/- on 9/5/1994. According to the learned AGP there is no evidence on record to show that the said land can be considered as an exemplar. The fertility of the land under acquisition and under the sale deed is not compared. The location of the property under sale deed and land acquired is also not considered. According to learned AGPs without any evidence on record, the Court has classified some of the lands as bagayat lands. Exorbitant compensation has been awarded by Reference Court. 3] Mr.Kale, learned counsel for respondents submits that the 7/12 extracts have been filed on record. Oral evidence has been led to show that in lands acquired, there is existence of well, electric motor so also drip irrigation facility. Learned counsel submits that the sale instance considered is from village Shendurni and the lands are acquired for canal of village Shendurni and Mengaon vide the same notification. The learned counsel further submits that sale instance is two years prior to the notification under Section 4 of the Land Acquisition Act. The Court has not even given benefit of 10% rise every year. 4] With assistance of learned counsel, I have gone through judgment so also record and proceeding. The evidence is recorded in one matter and is kept in one reference which is subject matter of fa1131to1136-03 -6- First Appeal No.1136/2003. Various 7/12 extracts of the land acquired are on record, oral evidence of the claimants is considered so also in respect of the persons whose land is sold, is also considered. 5] Perusal of the 7/12 extract it is manifest that in some of the lands there is facility of drip irrigation and in some of the lands wells are situated alongwith electric motors. The valuation of bagayat land would be twice that of the jirayat land. Land under the sale instance is jirayat land as is observed by Court in impugned judgment. The said sale instance is of 9/5/1994 whereas notification u/s 4 of the Land Acquisition Act is dated 24/7/1996. The land under the sale instance is also from the same village from which the land is acquired for the project. As such said sale instance can be considered as an exemplar. Considering sale instances Court has arrived at the market value of Rs.1,85,000/- per hectare for jirayat land and Rs.3,70,000/- per hectare for bagayat land. No separate compensation has been awarded for the well or drip irrigation facility except the compensation for the land. 6] Considering above, amount of compensation awarded is reasonable one. As such no interference is called for. First Appeals are dismissed. No costs. [S.V.GANGAPURWALA,J.] umg/