fast20282.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 20282 OF 2008 The State of Maharashtra .. APPELLANT VERSUS Vishwanath Narsappa Lakade .. RESPONDENT WITH FIRST APPEAL ST. NO. 20311 OF 2008 The State of Maharashtra .. APPELLANT VERSUS Ram s/o Dashrath Pawar .. RESPONDENT WITH FIRST APPEAL ST. NO. 20316 OF 2008 The State of Maharashtra .. APPELLANT VERSUS Murgappa s/o Parappa Lakade ( deceased through LRs) .. RESPONDENT WITH FIRST APPEAL ST. NO. 20318 OF 2008 fast20282.08 2 The State of Maharashtra .. APPELLANT VERSUS Sushilabai w/o Chanderao Hadule & another .. RESPONDENTS Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 The State Government is raising exception to the judgment and award passed by the Jt. Civil Judge, Sr.Dn., Omerga on 11-12-2007 in group of Land Acquisition References. 2 Lands belonging to the claimants have been acquired for Sarvadi Medium Project Naichakur, Tq. Omerga. The Land Acquisition Officer determined the amount of compensation payable to the claimants at the rate of Rs.17,500/- per acre. Being dis-satisfied with the determination of amount of compensation by the Land Acquisition Officer, respondents / claimants presented reference applications which were referred to the civil court. Reference Court after considering the evidence produced by the fast20282.08 3 claimants, arrived at conclusion that the proper valuation of the acquired property would be at the rate of Rs.45,000/- per acre and directed the State Government to pay enhanced amount of compensation. 3 I have perused the judgment and order passed by the reference court. Reference court has considered the sale instances placed on record by the claimants at exh. 30. The claimants have also laid evidence of witness no. 2 to prove the sale instance. One Vyankat Ingle had purchased the land to the extent of 18 gunthas for consideration of Rs.30,000/- in the year 1991. The land purchased by the witness situate within the periphery of 3 to 4 kms from the acquired property. The witness has also deposed about quality and fertility of the land. Claimants have also adduced evidence of the valuer who has on consideration of the relevant aspects determined the proper value of the property and has reported that valuation of the acquired land comes to Rs.90,100/- per acre. Reference Court, after considering all the relevant aspects came to the conclusion that proper valuation of the acquired property shall be Rs.45,000/- per acre. The acquired property is also comprised of small pieces of land as such the sale instance placed on record by the claimants which is in respect of 18 gunthas land is relevant for consideration. Reference court has considered all fast20282.08 4 relevant aspects and has directed enhancement in the amount of compensation payable to the claimants which is quite reasonable. The judgment and award passed by the reference court does not call for any interference. Appeals are devoid of substance hence stand dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast20282.08 5 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 11184 OF 2008 WITH CIVIL APPLICATION NO. 11187 OF 2008 WITH CIVIL APPLICATION NO. 11186 OF 2008 AND CIVIL APPLICATION NO. 11185 OF 2008 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 : 7 th JUNE, 2011 1 These are the applications seeking condonation of delay of 210 days occurred in presenting the first appeals. 2 Heard Mr. Patil, learned AGP for the State. None appears for respondents though served. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 210 days occurred in fast20282.08 6 presenting the appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb