fast16139.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 16139 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Dinkar Baburao Patil .. RESPONDENT Mr. N.R. Shaikh, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 PER COURT : 1 This appeal is presented by the State Government raising exception to the judgment and award passed by the Jt. Civil Judge, Sr.Dn., Ahmedpur, in LAR no. 712/2002 decided on 27-7-2007 directing enhancement in payment of compensation to the claimant. 2 Land belonging to the claimant admeasuring 1 H and 2 R out of survey no. 177 came to be acquired by the State Government for construction of percolation tank at village Umerga Court, Tq. Ahmedpur. The Land Acquisition Officer, after following the procedure prescribed under fast16139.09 2 the Land Acquisition Act, passed an award and determined value of the acquired land at the rate of Rs.360/- per R. The claimant being dis-satisfied with the judgment and award passed by the Land Acquisition Officer, presented application seeking reference to the civil court for determination of market value of the acquired property. Claimant claims compensation at the rate of Rs.40,000/- per acre. In order to substantiate his case, claimant placed reliance on sale instance at exh. 17 which is a pre-notification sale showing market value of the property in the near vicinity at Rs.35,000/- per acre. Considering the evidence in the form of sale instance placed on record by the claimant, reference court awarded compensation at the rate of Rs.35,000/- per acre. In my opinion, enhancement that has been directed by the reference court is quite moderate and as such no interference is called for in the instant appeal. Appeal is devoid of substance hence stands rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast16139.09 3 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9374 OF 2009 IN FIRST APPEAL ST. NO. 16139 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 1 This is an application seeking condonation of delay of 646 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 646 days occurred in presenting the first appeal stands condoned. Civil application stands allowed. ( R.M. BORDE) JUDGE dyb