fast18619.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 18619 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Bhigirath Kishan Doke & others .. RESPONDENTS Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 PER COURT : 1 The State of Maharashtra / appellant is raising exception to the judgment and award passed by the 4 th Ad-hoc Additional District Judge, Beed in LAR No. 164/2004 dated 26-4-2006 whereby the reference court directed payment of compensation at enhanced rate i.e. at the rate of Rs.1,000/- per R in respect of the acquired agricultural land. 2 Agricultural land belonging to the claimant admeasuring 2 H and 46 R came to be acquired for construction of village tank. Notification under fast18619.09 2 section 4 of the Land Acquisition Act was issued on 2-8-2001 and after following the prescribed procedure under the act, award came to be passed on 13-2-2003. The Land Acquisition Officer awarded compensation at the rate of Rs.500/- per R. Claimant, being dis-satisfied with the award passed by the Land Acquisition Officer, tendered an application seeking reference of the matter to the civil court for determination of market value of the acquired land. Claimant claimed compensation at the rate of Rs.50,000/- per H. According to the claimant, acquired land is having source of water for irrigation and he was taking three crops in a year. In order to substantiate his claim in respect of enhanced value of the land, he has placed reliance on two sale instances produced at exh. 13 and 14. Sale instance at exh. 13 is in respect of sale of agricultural land at the rate of Rs. 1429/- per R whereas sale instance at exh. 14 shows value of the property transacted at Rs.1194/- per R. One Babasaheb Dahatonde purchased seasonally irrigated land admeasuring 33 1/2 R out of Survey no. 303 of village Salewadgaon from one Sushilabai Dahatonde for consideration of Rs.40,000/-. The date of sale-deed is 10-11-1998 which is two years prior to issuance of section 4 notification. The witness has also deposed about the quality and fertility of the land which according to him is similar to that of the acquired land. Considering the evidence in the form of sale instances fast18619.09 3 produced by the claimant, reference court came to the conclusion that the value of the acquired land can be assessed at Rs.1,000/- per R. 3 I have perused the judgment and award passed by the reference court and heard arguments advanced by Mr. K.S. Patil, learned AGP for the State. I am of the opinion that the view adopted by the reference court is quite reasonable and enhancement in the amount of compensation is quite moderate. Looking to the facts and circumstances of the case, I am of the opinion that no interference is called for in the instant appeal. Appeal is devoid of substance hence stands dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast18619.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9595 OF 2009 IN FIRST APPEAL ST. NO. 18619 OF 2009 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 : 9 th JUNE, 2011 . This is an application seeking condonation of delay of 1049 days occurred in presenting the first appeal. 2 Heard. For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 1049 days occurred in presenting the first appeal stands condoned. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb