(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. First Appeal No. ................ of 2009 (Stamp No. 14411/2009) 1. The Special Land Acquisition Officer, UTPH 1, Jalgaon. 2. The Executive Engineer, Waghur Project, UTPH, Jalgaon. .. Appellants. versus Shri Sharad Vishwanath Patil, Age : 43 years, Occupation : Farmer, R/o. Hingane Budruk, Taluka : Jamner, District : Jalgaon. .. Respondent. .......................... W I T H First Appeal No. ................ of 2009 (Stamp No. 14407/2009) 1. The Special Land Acquisition Officer, UTPH 1, Jalgaon. 2. The Executive Engineer, Waghur Project, UTPH, Jalgaon. .. Appellants. versus (2) Shri Rajendra Vishwanath Patil, Age : 35 years, Occupation : Farmer, R/o. Hingane Budruk, Taluka : Jamner, District : Jalgaon. .. Respondent. .......................... W I T H First Appeal No. ................ of 2009 (Stamp No. 14413/2009) 1. The Special Land Acquisition Officer, Upper Tapi Project (Hatnur) No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon, District : Jalgaon. .. Appellants. versus 1. Shri Sukhdeo Sadu Shirsade, Age : 48 years, Occupation : Cultivation, R/o. Nashirabad, Taluka & District : Jalgaon. 2. Sitaram Dhanurao Punase, Age : 65 years, Occupation : Agriculture, R/o. Nashirabad, Taluka & District : Jalgaon. .. Respondents. ........................... (3) W I T H First Appeal No. ................ of 2009 (Stamp No. 14405/2009) 1. The Special Land Acquisition Officer, UTPH 1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. .. Appellants. versus Shri Rajendra Vishwanath Patil, Age : 35 years, Occupation : Farmer, R/o. Hingane Budruk, Taluka : Jamner, District : Jalgaon. .. Respondent. ......................... W I T H First Appeal No. ................ of 2009 (Stamp No. 14403/2009) 1. The Special Land Acquisition Officer, UTPH 1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. .. Appellants. versus (4) 1. Shri Yuvraj Damu Sonawane, Age : 40 years, Occupation : Farmer. 2. Shri Prakash Mango Mahajan, R/o. Hingane Budruk, Taluka : Jamner, District : Jalgaon. .. Respondents. ........................... W I T H First Appeal No. ................ of 2009 (Stamp No. 14397/2009) 1. The Special Land Acquisition Officer, UTPH 1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon. .. Appellants. versus Shri Arjun Zipru Mahar & others s/o. Supadu Dame Agale & Gangubai w/o. Kashinath Italaqk, Baliram Devaji, Age : 40 years, Occupation : Farmer, R/o. Hingane Budruk, Taluka : Jamner, District : Jalgaon. .. Respondent. .......................... (5) W I T H First Appeal No. ................ of 2009 (Stamp No. 14409/2009) 1. The Special Land Acquisition Officer, Upper Tapi Project (Hatnur) No.1, Jalgaon. 2. The Executive Engineer, Waghur Project, Jalgaon, District : Jalgaon. .. Appellants. versus 1. Shri Liladhar Ramdas Patil, Age : 35 years, Occupation : Agriculture, R/o. Nashirabad, Taluka & District : Jalgaon. 2. Sau. Pramod Ramdas Patil, Age : 30 years, Occupation : Agriculture, R/o. Nashirabad, Taluka & District : Jalgaon. .. Respondents. ************* Mr. K.G. Patil, Assistant Government Pleader, for the appellants. ************** (6) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 17TH AUGUST 2009. COURT'S ORDER (Per B.R. Gavai, J.) : 1. The appeals are taken up for admission. Office to register them as First Appeals. 2. By way of present appeals, the appellants have challenged the judgment and award dated 16th November 2006 and 2nd February 2007, passed by the learned Joint Civil Judge (Senior Division), Jalgaon, vide which the reference Court has enhanced the compensation payable to the claimants. 3. Mr. K.G. Patil, learned Assistant Government Pleader appearing for the appellants, submits that the learned Judge of the reference Court has erred in awarding such a huge compensation at the rate of Rs. 2,50,000/- per hectare for irrigated land and Rs. 1,25,000/- per hectare for Jirayat land. 4. The learned Judge of the reference Court has found that the sale deed on which the reliance was placed is dated 13th August 1997. It has further been found that the notification under Section 4 was issued on 30th October 1997. Though reliance was placed by the claimants on other sale deeds, the learned Judge of the reference Court has refused to rely on the same as they were not pertaining to the same village of which (7) the land was acquired. The sale deed which has been taken into consideration is of the same village wherein 40 Are land was sold for a consideration of Rs. 1,02,000/-. 5. Taking into consideration these comparable sale instances, the learned Judge of the Reference Court has found that the compensation at the rate of Rs. 2,50,000/- per hectare for Bagayat land was just and proper. Fifty percent of that i.e. Rs. 1,25,000/- per hectare has been found to be just and proper for Jirayat land. 6. Taking into consideration these aspects of the matter, we do not find that any error has been committed by the learned Judge of the Reference Court in enhancing the compensation. 7. The appeals are without merit and, as such, they are dismissed. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/fast14411etc