fast18391.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 18391 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Narmadabai Punjaba Thorat .. RESPONDENT WITH FIRST APPEAL ST. NO. 18361 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Ganpat Madhav Thorat .. RESPONDENT WITH FIRST APPEAL ST. NO. 18394 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Sainath Gangadhar Thorat .. RESPONDENT WITH FIRST APPEAL ST. NO. 18386 OF 2009 The State of Maharashtra & another .. APPPELLANTS fast18391.09 2 VERSUS Shantabai Asaram Thorat .. 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 common judgment and award passed by the District Judge -1, Aurangabad in LAR No. 338/2001 and other companion matters on 16-2-2008 thereby directing payment of compensation at the rate of Rs.990/- per R in respect of acquired lands belonging to the claimants. 2 Agricultural lands belonging to the respective claimants came to be acquired for construction of percolation tank at village Kalani, Tq. Kannad, Dist. Aurangabad. Notification under section 4 of the Land Acquisition Act was published on 5-2-1992 and, after following the procedure prescribed under the act, award came to be passed on 26-4-2001. The Special Land Acquisition Officer offered compensation at the rate of Rs. 332/- per R. Claimants being dis-satisfied with the award passed by the Special Land fast18391.09 3 Acquisition Officer, presented applications seeking reference of the matter to the civil court for determination of market value of the acquired properties. Claimants, in order to substantiate their claim, have placed reliance on comparable sale instances. Copies of the sale instances which are from the same village are placed on record. Lands gat nos. 117, 159 and 129 of the same village have been sold on 19-5-1987, 18-11-1997 and 31-9-1995. The lands were sold at Rs. 1,000/-, Rs. 660/- and Rs. 3,000/- per R respectively. The Special Land Acquisition Officer, while passing award, has placed reliance on valuation made by the Jt. Director of Town Planning in the ready reckoner on 27-3-1998. Although about 13 sale instances prescribing the market rate of the agricultural lands ranging between Rs. 3,000/- per R to Rs. 5000/- per R, were available with the Special Land Acquisition Officer, preference is given to place reliance on the ready reckoner. Reference court found that the sale instances on which reliance is placed by claimants as well as sale instances available with the Special Land Acquisition Officer denote higher market rate of agricultural land in the village. Reference court on the basis of sale instances produced by the claimants arrived at market price of the acquired agricultural lands at Rs. 990/- per R. Sale instances give market price ranging between Rs. 550/- to Rs. 660/- per R. Lands covered by the sale instances are dry crop lands fast18391.09 4 whereas the acquired lands are seasonally irrigated lands. Reference court prescribed value of the seasonally irrigated land at 1.5 times value of the dry crop land. Reasons recorded by the reference court appear to be rational and the conclusions drawn are based on evidence placed on record by the parties. It is also observed that the acquired lands comprise of small pieces of 38 R, 98 R, 64 R and 24 R respectively. Considering the moderate enhancement in the amount of compensation directed by the reference court and considering the fact that very small pieces of agricultural lands have been acquired which entitle the claimants to receive marginal enhanced amount, I do not deem it appropriate to cause interference in these appeals. Appeals are devoid of substance hence stand dismissed. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast18391.09 5 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9864 OF 2009 WITH CIVIL APPLICATION NOS. 9866, 9868 AND 9870 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 438 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 438 days occurred in presenting the appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb