fast25043.01 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 21043 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Makadu Bhila Patil .. RESPONDENT WITH FIRST APPEAL ST. NO. 21052 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Vitthal Onkar Sutar .. RESPONDENT WITH FIRST APPEAL ST. NO. 21067 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Hirkanbai Bhaskar Patil .. RESPONDENT fast25043.01 2 WITH FIRST APPEAL ST. NO. 21065 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Digambar Pundlik Patil .. RESPONDENT WITH FIRST APPEAL ST. NO. 21050 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Sukdeo s/o Namu Patil .. RESPONDENT WITH FIRST APPEAL ST. NO. 21048 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Yuvraj Ratan Dhangar .. RESPONDENT fast25043.01 3 WITH FIRST APPEAL ST. NO. 21062 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Nilkanth Namdeo Patil .. RESPONDENT WITH FIRST APPEAL ST. NO. 21056 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Jijabrao Lotan Patil .. RESPONDENT WITH FIRST APPEAL ST. NO. 21046 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Lahayabai Hiraman Patil .. RESPONDENT fast25043.01 4 WITH FIRST APPEAL ST. NO. 21070 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Yograj Lotan Patil .. RESPONDENT WITH FIRST APPEAL ST. NO. 21060 OF 2001 The Special land Acquisition Officer & another .. APPELLANTS VERSUS Vinayak Shrawan Patil .. RESPONDENT Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 Appellant / State is raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Jalgaon in LAR No. 1608/1998 and other fast25043.01 5 companion matters dated 13-4-2000. 2 Lands belonging to the respondents / original claimants came to be acquired for lying down railway track. The Land Acquisition Officer after following the procedure prescribed under the Land Acquisition Act, declared the award and determined value of the acquired property. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered applications seeking reference of the matters to the civil court for determination of market value of the acquired lands. Reference court on consideration of the evidence came to the conclusion that the proper market value of the acquired land would be Rs 65000/- per H. Claimants placed reliance on the sale instances produced on record in respect of the agricultural property. Sale deed is dated 17-5-1985 and the sale transaction is for Rs. 53,125/- per H. Sale instance is pre-notification sale and is prior to five years of the issuance of section 4 notification. Considering the rise in prices of agricultural properties, reference court came to the conclusion that the market value of the property would be Rs.79,687/- per H on the date of section 4 notification. On consideration of all the relevant aspects, reference court determined value of the property at Rs. 65,000/- per H and directed payment of enhanced amount of compensation. fast25043.01 6 3 I have perused the judgment and award passed by the reference court. Enhancement that has been directed by the reference court is quite moderate and the decision rendered by the reference court is based on proper appreciation of evidence placed on record by the claimants. There is no need to cause interference in the instant appeals presented by the State. Appeals being devoid of substance, stand dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast25043.01 7 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 6538 OF 2009 WITH CIVIL APPLICATION NO. 6548 OF 2009 WITH CIVIL APPLICATION NO. 6550 OF 2009 WITH CIVIL APPLICATION NO. 6552 OF 2009 WITH CIVIL APPLICATION NO. 6554 OF 2009 WITH CIVIL APPLICATION NO. 6536 OF 2009 WITH CIVIIL APPLICATION NO. 6534 OF 2009 WITH CIVIL APPLICATION NO. 6546 OF 2009 WITH CIVIL APPLICATION NO. 6544 OF 2009 WITH CIVIL APPLICATION NO. 6542 OF 2009 AND CIVIL APPLICATION NO. 6540 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 : 7 th JUNE, 2011 1 These are the applications seeking condonation of delay of 3 days occurred in fast25043.01 8 presenting the first appeals. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 3 days occurred in presenting the first appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb