fast11360.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST NO. 11360 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Manik s/o Baswantrao Tadlapure .. RESPONDENT WITH FIRST APPEAL ST. NO. 11387 OF 2009 The State of Maharashtra & another .. APPELLANT VERSUS Gurappa Baswantappa Tadlapure ( Deceased through LRs) .. RESPONDENT WITH FIRST APPEAL ST. NO. 11390 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Gurunath s/o Hanmant Tadlapure ( deceased through LRs) .. RESPONDENT fast11360.09 2 WITH FIRST APPEAL ST. NO. 11394 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Yeshwant s/o Dhulaplpa Tile .. RESPONDENT Mr. T. S. Londhe, 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., Ahmedpur, Camp at Udgir in LAR no. 161/2002 and other companion matters. 2 Agricultural lands belonging to the respondents / claimants came to be acquired for construction of percolation tank at village Dawan Hipoparga Tq. Udgir. The Land Acquisition Officer, after considering relevant circumstances, passed award and determined value of the acquired property at Rs. 225/- and Rs. 250/- per R. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered application fast11360.09 3 seeking reference to the civil court for determination of the market value of the acquired property. Reference court, on consideration of the evidence placed on record by the claimants, came to the conclusion that proper value of the acquired property shall be at Rs. 1000/- per R and directed payment of enhanced amount of compensation accordingly. Reference court placed reliance on sale instances placed on record at exh. 26 and 27. Sale-deed at exh. 26 is in respect of agricultural land admeasuring 40 R out of survey no. 47/1 which has been alienated for consideration of Rs.70,000/- on 10-6-1994. Another sale instance at exh. 27 is in respect of 42 R land out of survey no. 11/2 which has been alienated for consideration of Rs. 74,000/- on 26-11-1993. Both the sale instances at exh. 26 and 27 are pre-notification sales and are relevant for determination of value of the acquired property. Reference court found that the lands covered by the sale instances are comparable with the acquired property and as such on consideration of the relevant aspects, determined market value of the acquired property at Rs.1,000/- per R. 3 I have perused the judgment and award passed by the reference court. I am of the opinion that the reference court has adopted a reasonable approach of the matter and enhancement in the amount of fast11360.09 4 compensation directed by the reference court is quite moderate and the direction issued regarding payment of enhanced compensation is also based on proper appreciation of evidence placed on record by the claimants. On consideration of all the relevant aspects, I am of the opinion that no interference is called for in the instant first appeals. 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 fast11360.09 5 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 6584 OF 2009 WITH CIVIL APPLICATION NO. 6585 OF 2009 WITH CIVIL APPLICATION NO. 6586 OF 2009 AND CIVIL APPLICATION NO. 6587 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 509 days occurred in 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 509 days occurred in presenting the first appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb