IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 2217 OF 2009 IN FIRST APPEAL ST. NO. 2588 OF 2009 with Special Land Acquisition Officer - - Applicant versus Ramdas Hiraman Mistri - - Respondent CIVIL APPLICATION NO. 2218 OF 2009 IN FIRST APPEAL ST. NO. 2591 OF 2009 with Special Land Acquisition Officer - - -Applicant versus Narayan Hiraji Choudhari - - Respondents CIVIL APPLICATION NO. 2219 OF 2009 IN FIRST APPEAL ST. NO. 2586 OF 2009 Special Land Acquisition Officer - - -Applicant versus Narayan Yadav Tijare and others. - - Respondents CIVIL APPLICATION NO. 2220 OF 2009 IN FIRST APPEAL ST. NO. 2584 OF 2009 Special Land Acquisition Officer - - - Applicant versus Trimbak Vithal Patil - - - - Respondent Shri K. G. Patil, Asstt. Govt. Pleader for Applicant in all the Civil Applications. Shri A. B. Kale, Advocate for Respondent in all applications. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 27th July 2009 PER COURT : 1. By way of Civil Applications, the applicants are seeking condonation of delay in filing Appeals against the Judgment and Awards passed by learned Joint Civil Judge, Senior Division, Jalgaon. There is delay of 533 days in filing Appeals. The applications are vehemently opposed by learned Counsel for the Respondents. 2. The reason given in the applications for condonation of delay is that the time was taken in receiving the proposal from the concerned Land Acquisition Officer. Thereafter, necessary permission was required to be obtained from the Law and Judiciary Department of the State of Maharashtra for making available the amount for Court fees. It is stated that on account of these procedural requirements, the delay has occasioned in preferring the appeals. 3. Though the delay is inordinate since the present appeals are filed by the State and the time was required in the procedural requirement and further that huge amount of public exchequer is involved in the matter, we are inclined to allow the applications. The applications are allowed. Delay is condoned. ( N. D. DESHPANDE ) ( B. R. GAVAI, J. ) pnk/ca221709 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH FIRST APPEAL ST. NO. 2588 OF 2009 WITH Special Land Acquisition Officer and another. - - - Appellant versus Ramdas Hiraman Mistri - - - Respondent FIRST APPEAL ST. NO. 2591 OF 2009 Special Land Acquisition Officer and another. - - - Appellant versus Narayan Hiraji Choudhari - - - Respondent FIRST APPEAL ST. NO. 2586 OF 2009 Special Land Acquisition Officer and another. - - - Appellant versus Narayan Yadav Tijare. - - - Respondents FIRST APPEAL ST. NO. 2584 OF 2009 Special Land Acquisition Officer and another - - - Appellant versus 2 Trimbak Vithal Patil - - - - Respondent Shri K. G. Patil, Asstt. Govt. Pleader for applicant in all the appeals. Shri A. B. Kale, Advocate for respondent in all appeals. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 27th July 2009. PER COURT : 1. The appeals are taken up for admission. Heard Shri K. G. Patil, learned A.G.P. appearing on behalf of the State and Shri A. B. Kale, learned Counsel appearing on behalf of the respondents / claimants. 2. The land of the claimants was acquired for Waghur Project. A Gazette Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 30-10-1997. After necessary compliance, Notification under Section 6 of the Act was issued on 5-11-2008. Awards were passed on 21-12-2000. 3. The Special Land Acquisition Officer granted compensation at the rate of Rs.50,000/- per hectare for Jirayat land and at the rate of Rs.1,00,000/- per hectare for Bagayat land. Being 3 aggrieved thereby, References were preferred by the claimants. In the said References, amount has been enhanced at Rs.2,55,000/- per hectare for Bagayat land, Rs.1,55,000/- per hectare for Jirayat land and Rs.52,500/- per hectare for pot kharab land. 4. With the assistance of learned Counsel for the parties, we have scrutinized the judgment under Reference. From the perusal of paragraph 48 of the judgment, it would be reveal that the learned Reference Court has taken into consideration the comparable sale instance of sale deed dated 13-8-1997 vide which 40 Ars. of land was sold for consideration of Rs.1,02,000/- has been taken into consideration by the learned Reference Court. 5. Learned Reference Court though observed that on the basis of said sale deed, the price per hectare for Jirayat land would come to Rs.2,55,000/- per hectare. However, learned Judge has not relied only on the basis of the said sale deed but the learned Reference Court has also relied on the judgment delivered in L.A.R. Nos. 94 of 2000 to 104 of 2000 wherein compensation was granted for similar circumstance lands. The learned Reference 4 Court though has found that the sale deed on which the claimants relied was for a consideration of approximately Rs.2,55,000/- per hectare for Jirayat Land has found that compensation at the rate of Rs.1,25,000/- would be sufficient for Jirayat land twice of that i.e. Rs.2,55,000/- has been found to be sufficient and adequate for Bagayat land. In so far as Jirayat land is concerned, the learned Reference Court has only granted an amount of Rs.62,500/- per hectare. 6. Perusal of the judgment would reveal that the learned Reference Court has not enhanced any amount payable towards the compensation for fruit bearing trees. 7. Upon perusal of the Judgment and Award, we are of the considered view that the learned Reference Court has arrived at its finding upon correct appreciation of evidence placed before it. We do not find that the view taken by the learned Reference Court is either impossible or perverse. On the contrary, the view is in consonance with the evidence placed before the learned Reference 5 Court. 8. In that view of the matter, no merit is found in the appeals. Appeals are, therefore, rejected. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/fast221709