FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | FIRST APPEAL STAMP NOS.34257/03, 34359/03, 34362/03, 34354/03, 34351/03, 34347/03, 34356/03, 34365/03, 2098/05 & 6265/04. ------------------------------------------------------------ Shri K.G.Patil, AGP for appellant-State. Shri Pokharkar,Adv.for Respondents in FASt. 34359/03, 334362, 34354/03. 34347/03, 34365/03. Shri Ghute Patil,Adv.for Respondents in C.A.267/04 .... CORAM : B.R. GAVAI & R.K.DESHPANDE, JJ. DATE : 21ST JULY, 2009. 1. These Appeals are taken up on the board for admission. Heard learned A.G.P. Shri K.G.Patil for appellant-State, Shri Pokharkar and Shri Ghute Patil, learned counsel for the respective respondents. The appeals arise out of awards passed by learned C.J.S.D.Latur in L.A.R.Nos.328/88 alongwith companion matters. 2. The lands of respondents/claimants were acquired by the appellant for the purpose of construction of ring road in Latur. Since the roads in Latur were conjusted, it was found necessary to have ring road so as to ease the burden on the traffic. The claimants who are the members of Tuljabhavani Cooperative Housing Society were owners of the plots. The claimants had also started the construction of their houses and the construction in most of the cases was completed upto the basement level. 3. The learned Collector awarded the compensation at the rate of Rs.64,000/- per Acre. Being aggrieved thereby, References were filed at the instance of claimants. In the said References, compensation has been enhanced at the rate of Rs. 13/- and Rs.10/- per Sq.Ft. The compensation in so far as construction upto the basement level is concerned, the same has also been increased depending upon the area of construction and the stage of construction. 4. In so far as the enhancement of the compensation of land is concerned, perusal of paragraph no.11 of the judgment would reveal that the learned Reference Court has taken into consideration the comparable sale instances. The attesting witness who had signed the comparable sale deeds had deposed that the transaction of comparable lands were at the rate of about Rs.40/- per Sq.Ft. The sale instances on which the learned Reference Court has relied upon, had taken place around 5-6 months prior to the date on which Notification under Section 4 of the Land Acquisition Act was issued. The learned trial Court has also taken into consideration the compensation awarded in case of certain lands which were acquired in the year 1989. Taking into consideration all these aspects, the learned trial Court has come to the conclusion that the compensation at the rate of Rs. 13/- and Rs.10/- per Sq.Ft would be reasonable in the facts in the present case. 5. On perusal of the evidence, we do not find that any error has been committed by the learned Reference Court in awarding the compensation at the rate of Rs.13/- and Rs.10/- per Sq.Ft. As already stated hereinabove, learned Reference Court has properly scrutinized the evidence on record i.e. the comparable sale deeds and compensation awarded in the subsequent land acquisition proceedings. 6. In so far as enhancement of compensation with respect to the costs of constructions is concerned,the learned trial Court has relied on the certificates issued by the Executive Engineer, for ascertaining the amount spent by the claimants for the constructions in question. In that view of the matter, we also do not see that any error has been committed by the learned Reference Court in enhancing the compensation for the constructions made by the claimants. In that view of the matter, we are of the considered view that the award passed by the learned Reference Court needs no interference. Appeals are therefore, found to be without merit and as such are dismissed. (R.K.DESHPANDE, J.) ( B. R. GAVAI, J. ) *** Dt:- 21/07/2009. umg/fast34257-03