1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH FIRST APPEAL NO. 741 OF 2005 WITH CIVIL APPLICATION NO. 3063 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. versus Swarupchand Shivjiram Jain, age 55 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 739 OF 2005 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. The Tapi Irrigation Development Corporation, Jalgaon through its Executive Officer. - - Appellants versus Kashiram S/o. Vishnu Patil, through General Mukhtyaiar, 2 1. Sumanbai w/o. Shankar Sonawane, age 55 years, occ. agriculture, 2. Alkabi Pralhad Dolus, age 35 years, occ. agriculture, resident of Khadgaon, taluka Jamner, district Jalgaon. - - Respondents FIRST APPEAL NO. 738 OF 2005 WITH CIVIL APPLICATION NO. 3065 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. - - - Appellants versus Bhagwat Bhudhaji Bhoi, age 55 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 737 OF 2005 WITH CIVIL APPLICATION NO. 3066 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. versus 3 Pandurang Vithal Patil, age 45 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 742 OF 2005 WITH CIVIL APPLICATION NO. 3067 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. versus Tukaram s/o. Raoji Chinchole, age 45 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 743 OF 2005 WITH CIVIL APPLICATION NO. 3842 OF 2008 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. 4 versus Atmaram S/o. Raoji Chinchole, age 71 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 735 OF 2005 WITH CIVIL APPLICATION NO. 3843 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. versus Vithal s/o. Jagannath Chinchole, age 60 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 734 OF 2005 WITH CIVIL APPLICATION NO. 3846 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. 5 versus Narmadabai Ramlal Chincole,, age 65 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 740 OF 2005 WITH CIVIL APPLICATION NO. 3847 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. versus Sojabai Atmaram Chinchole, age 65 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent FIRST APPEAL NO. 736 OF 2005 WITH CIVIL APPLICATION NO. 3850 OF 2008 with 1. The Special Land Acquisition Officer, UTPH No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. 3. Tapi Irrigation Development Corporation, Jalgaon. - Appellants. 6 versus Vinayak Sonu Choudhari, age 28 years, occ. agriculture, R/o. Khadgaon, taluka Jamner, Dist. Jalgaon. - - - - Respondent Shri S. K. Kadam, Asstt. Govt. Pleader for appellants. Shri A. B. Kale, Advocate for Respondent. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 30th July 2009 ORAL JUDGMENT: [ Per N. D. Deshpande, J. ] : 1. By this common judgment, we are disposing of these ten First Appeals [being First Appeal Nos.741/2005, 739/2005, 738/2005, 737/2005, 742/2005, 743/2005, 735/2005, 734/2005, 740/2005 and 736/2005 ] filed by the State of Maharashtra and the Executive Engineer, Waghur Project, Jalgaon, district Jalgaon, for those involve common question of law and facts. Those are arising out of award in ten References for payment of enhanced compensation to the respondents whose lands were acquired by the respondents for Waghur project pursuant to the Notification under Section 4 of the Land Acquisition Act, 1894 duly published on 24-12-1998 with reference to certain land of village Khadgaon, taluka Jamner, district Jalgaon. Then Notices under section 6 and 7 under section 9 of the Land Acquisition Act came to be issued and the Special Land Acquisition Officer appointed drew awards separately. Those were accepted under protest by the respondents with a request to make Reference under section 18 of the Act for enhanced compensation. Land Acquisition Reference Nos. 38/2002, 39/2002, 40/2002, 41/2002, 42/2002, 43/2002, 45/2002, 46/2002 and 376/2002 filed under Section 18 of the Land Acquisition Act were allowed by the by learned Addl. Dist. Judge, Jalgaon by common Judgment and Order dated 21st February 2005. These References Awards have been separately challenged herein, amongst others. 2. Similar grounds have been raised in all Appeals. Appellants urged that learned Addl. District Judge, Jalgaon has awarded exhorbitant market price at the rate of Rs.4,00,000/- per hectare for Bagayat land and Rs.2,00,000/- per hectare for Jirayat land without legal evidence on record. It is also urged that learned Judge ought to have considered that sale dated 6-1-1996 of 50 R. land sold at the rate of Rs.1,25,000/- per hectare is not comparable sale instance to the acquired land. 4. Learned Counsel for the respondents Shri A. B. Kale has 8 placed reliance on the Order dated 5-1-2009 passed by Division Bench of this Court (Coram : P.V. Hardas & K. K. Tated, JJ.) in a group of appeals - First Appeal No. 729 of 2003 for grant of compensation. Similarly, judgment dated 19th March 2009 delivered by Division Bench of this Court (Coram : Naresh H. Patil & N. D. Deshpande, JJ. ) and urged for dismissal of all appeals in a group. It was also pointed out that the State did not prefer any further appeal against the order of dismissal of first appeals and, therefore, respondents urge that those decisions are final and binding on the appellants and prayed for dismissal of appeals on merits. 5. We have perused the order passed in a group of appeals referred above and the Award passed by Reference Court on the basis of the sale instances. All these proceedings arose out of the land acquisition proceedings for Waghur project, under the same Notification published under Section 4 of the Land Acquisition Act. As such, decision of this Court and observations made therein shall have bearing on the decision of present appeals. 6. Upon consideration of record and after hearing the submissions of both the sides, we do not find that compensation 9 awarded by the Reference Court is excessive and on higher side. In the matters relating to land acquisition for awarding compensation, mathematical precision in calculating compensation is not always possible and the entire evidence is required to be considered with regard to the potentiality of the land, the sale instances on or about date of issuance of Notification under Section 4 of the Act and several other relevant factors. In our opinion, those have been taken into consideration by the learned Reference Court as seen from the findings recorded. 7. The amount of compensation determined by the Reference Court payable to the respondents is certainly not unreasonable or excessive. 8. In view of the above discussion, we do not find merit in these appeals. All these appeals are dismissed by this common order. 9. In the light of common order of dismissal of these appeals, all Civil Applications preferred by the respondents for withdrawal of the amount are allowed and disposed of. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) 10