fast17461.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 17461 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Vishnu s/o Laxman Bhopale .. RESPONDENT WITH FIRST APPEAL ST. NO. 17475 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Sarjabai w/o Bhika Bodhake ( Deceased through LRs ) .. RESPONDENT WITH FIRST APPEAL ST. NO. 17478 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Kacharu Namdeo Bhopale .. RESPONDENTS fast17461.09 2 WITH FIRST APPEAL ST. NO. 17472 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Kachru s/o Shankar Bodkhe .. RESPONDENT Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 23 rd JUNE, 2011 PER COURT : 1 These are the appeals presented by the State raising exception to the judgment and award passed by the 3 rd Jt. Civil Judge, Sr.Dn., Aurangabad in four separate land acquisition references decided on 20-04-2007. 2 Lands belonging to the claimants situate at Dongargaon ( Kawad ), Tq. & Dist. Aurangabad came to be acquired for construction of percolation tank. Notification under section 4 of the Act was issued on 23-1-1992 and, after following the procedure prescribed under the Act, award came to be passed on 7-10-1993. The Land Acquisition Officer offered compensation in fast17461.09 3 respect of acquired lands at Rs. 440/- per R for dry crop land and at the rate of Rs. 660/- for irrigated land. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, preferred application seeking reference of the matters to the civil court for determination of market value of the lands. Claimants claimed compensation at the rate of Rs. 30,000/- per acre in respect of dry crop land and at the rate of Rs. 60,000/- in respect of irrigated land. In order to substantiate their claim, claimants have placed reliance on evidence in the form of sale instance at Exh. 20. Land covered by the sale instance is just adjacent to the acquired lands and the transaction is prior to issuance of section 4 notification. Land covered by the sale instance is valued at Rs. 536/- per R and considering 10% rise during one year, according to the claimants, proper market value of the acquired lands shall be Rs. 612/- per R. So far as irrigated land is concerned, reference court prescribed value of the acquired land to be double the amount prescribed for dry crop land i.e. Rs. 1222/- per R. It is further noted that the acquired area comprise of small pieces of lands and enhancement that has been directed by the Special Land Acquisition Officer is quite marginal. Considering these circumstances, I do not deem it appropriate to cause any interference in the appeals. Appeals being devoid of substance stand dismissed. fast17461.09 4 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast17461.09 5 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9388 OF 2009 WITH CIVIL APPLICATION NOS. 9392, 9394 AND 9390 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 : 23 rd JUNE, 2011 1 These are the applications seeking condonation of delay of 738 days occurred in presenting the appeals. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 738 days occurred in presenting the appeals stand condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb