{1} fast1708509.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (1) FIRST APPEAL ST.NO.17085 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Eknath s/o Laxmanrao Salgar and others Respondents WITH (2) FIRST APPEAL ST.NO.9878 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Madhukar Vinayakrao Kulkarni and another Respondents WITH (3)FIRST APPEAL ST.NO.9867 OF 2009 The Executive Engineer, {2} fast1708509.odt Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Bhamchandra Sarjerao Solanke and another Respondents WITH (4)FIRST APPEAL ST.NO.10241 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Sau.Saraswatibai Atmaram More and others Respondents WITH (5) FIRST APPEAL ST.NO.9870 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus {3} fast1708509.odt Subhashrao Shankarrao Solanke and another Respondents WITH (6) FIRST APPEAL ST.NO.9882 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Janardhan s/o Gena More and another Respondents WITH (7) FIRST APPEAL ST.NO.9875 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Vyankatrao Keshavrao Solanke and another Respondents WITH (8) FIRST APPEAL ST.NO.9839 OF 2009 The Executive Engineer, {4} fast1708509.odt Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Sau.Vanmalabai d/o Kishanrao More and another Respondents WITH (9) FIRST APPEAL ST.NO.9843 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Udhav Kishanrao More and another Respondents WITH (10) FIRST APPEAL ST.NO.9835 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus {5} fast1708509.odt Babasaheb s/o Balaji More and another Respondents WITH (11) FIRST APPEAL ST.NO.9831 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Ankush s/o Bajirao Salgar and another Respondents WITH (12) FIRST APPEAL ST.NO.9828 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Bhagwan s/o Kishanrao More and another Respondents WITH (13) FIRST APPEAL ST.NO.9825 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, {6} fast1708509.odt District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Sudam s/o Bajirao Salgar and another Respondents WITH (14) FIRST APPEAL ST.NO.10009 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Ganesh s/o Shankarrao Solunke and another Respondents WITH (15) FIRST APPEAL ST.NO.10212 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Govindrao Vishwanath More, died, through Lrs and others Respondents {7} fast1708509.odt WITH (16) FIRST APPEAL ST.NO.9988 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Babu s/o Aba Salgar and others Respondents WITH (17) FIRST APPEAL ST.NO.9982 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Shivajirao Vishwanathrao More and others Respondents WITH (18) FIRST APPEAL ST.NO.10018 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, {8} fast1708509.odt Aurangabad. Appellant Versus Sumanbai w/o Haribhau Narwate and another Respondents WITH (19) FIRST APPEAL ST.NO.10001 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Tukaram s/o Raosaheb More and others Respondents WITH (20) FIRST APPEAL ST.NO.10004 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Mahadeo Makaji More and others Respondents WITH (21) FIRST APPEAL ST.NO.10014 OF 2009 {9} fast1708509.odt The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Virendra s/o Ashokrao Solanke and others Respondents WITH (22) FIRST APPEAL ST.NO.10231 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Pandurang Tukaram Samudre and another Respondents WITH (23) FIRST APPEAL ST.NO.10236 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant {10} fast1708509.odt Versus Rajabhau s/o Bhanudas Solanke and others Respondents WITH (24) FIRST APPEAL ST.NO.10222 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Shankarrao s/o Dadarao More, died, through L.R. & another Respondents WITH (25) FIRST APPEAL ST.NO.9858 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Govindrao s/o Ganpatirao Salgar and others Respondents WITH (26) FIRST APPEAL ST.NO.9861 OF 2009 {11} fast1708509.odt The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Balasaheb s/o Laxman Solanke and others Respondents WITH (27) FIRST APPEAL ST.NO.9864 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Navanath Kundlik Dhengle and another Respondents WITH (28)FIRST APPEAL ST.NO.10227 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus {12} fast1708509.odt Bansidhar s/o Belba Shinde and others Respondents WITH (29)FIRST APPEAL ST.NO.9853 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Devendra Bhagwanrao Solunke and others Respondents WITH (30)FIRST APPEAL ST.NO.9846 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Sau.Prayagbai w/o Satyawan Dhengle and others Respondents WITH (31) FIRST APPEAL ST.NO.10218 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, {13} fast1708509.odt Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Govind Vishwanathrao More, died through Lrs & another Respondents WITH (32)FIRST APPEAL ST.NO.9998 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Ashruba s/o Shamrao More and others Respondents WITH (33) FIRST APPEAL ST.NO.10172 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Kisan s/o Rupchand Wakekar, {14} fast1708509.odt died per Lrs & another Respondents WITH (34) FIRST APPEAL ST.NO.9995 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Rustum s/o Bajirao Salgar and another Respondents WITH (35) FIRST APPEAL ST.NO.9992 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Bhagwan s/o Bajirao Salgar and another Respondents WITH (36) FIRST APPEAL ST.NO.10215 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the {15} fast1708509.odt Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Uttamrao Kisanrao Londhe and another Respondents WITH (37)FIRST APPEAL ST.NO.9849 OF 2009 The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. Appellant Versus Balasaheb s/o Vasantrao More and others Respondents Mr.S.S.Thombre, advocate for applicants. Mr.K.S.Patil, Mr.T.S.Lodhe, Mr.N.R.Shaikh, AGPs for respondent-State. CORAM : R.M.BORDE, J. DATE : 22 nd June, 2011 PER COURT: 1 These are appeals presented by the acquiring body challenging the judgment and award passed in various Reference Applications decided by District Judge-1 at Majalgaon, thereby directing payment of enhanced amount of compensation to the claimants in respect of their acquired land. {16} fast1708509.odt 2 Agricultural lands belonging to the claimants came to be acquired for construction and submergence of Gunwanti Brihat Minor Irrigation Project at Mungi Sukli, Tq. Dharur on11.08.1994. The Special Land Acquisition Officer, after following the procedure prescribed under the Land Acquisition Act, passed award on 28.01.1998. The Special Land Acquisition Officer awarded compensation at the rate of Rs.235/- per are and Rs.250/- per are considering quality of the acquired agricultural property. 3 The claimants, being dissatisfied with the amount offered by Special Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of proper value of the acquired property. The claimants claimed compensation at the rate of Rs.2000/- per are. According to claimants, acquired lands comprise of small pieces. The lands are fertile and fetch high agricultural income. The compensation offered by the S.L.A.O. is quite inadequate considering the market value prevailing on the date of issuance of Section 4 Notification. 4 In order to substantiate their case, claimants placed reliance on the evidence in the form of comparable sale instances. The claimants have also led oral evidence of themselves and witnesses to prove the sale instances placed on record. The claimants have also placed reliance on the judgment and award passed in L.A.R. No.19/93 decided by the Reference Court on 12.09.1995, wherein the land covered under the award i.e. L.A.R. No.19/93 was acquired for the same project and was situate in adjoining village Sukli. While dealing with the {17} fast1708509.odt Reference Applications, the Reference Court determined the market value of the acquired property @ Rs.450/- and Rs.675/- per are depending upon the quality of the land i.e. seasonally irrigated or non irrigated lands. 5 The sale instances placed on record are admittedly pre- notification sale and thus the evidence in the form of sale instances is relevant for consideration. Exhibit-29 is the sale instance pertaining to land G.No.55 admeasuring 40 ares. The land covered by sale instance is situate at village Moha, which is at a distance of about 3 Kms from village Mungi Sukli. The said land was sold for a consideration of Rs. 41,000/-. Another sale instance at Exhibit-30 pertains to sale of agricultural land from G.Nos.36, 37 and 38 admeasuring 84 ares of village Moha, which was sold for consideration of Rs.1,99,000/- i.e. at the rate of Rs.2370/- per are. The land covered by the sale instance has irrigation facility and as such, it fetched higher price. Another sale instance at Exhibit-31 is pertaining to village Tapovan dated 15.02.1993 in respect of land G.No.135, which was sold at the rate of Rs.1000/- per are. The land covered under sale instance is dry land. Exhibit-32 is the sale instance in respect of land G.No.92 located at village Amla, admeasuring 18 ares, which fetched price of Rs.35,000/- i.e. @ Rs. 2000/- per are. 6 It is observed by the Reference Court, on the basis of evidence led by the claimants, that villages Moha, Tapovan and Amla are within close proximity of village Mungi Sukli. It is also pointed out that the acquiring body has acquired lands situate at village Tapovan, Sukli, Khamgaon and Mungi for same Irrigation Project. The acquired lands, {18} fast1708509.odt thus, possess similar advantages and fertility and potentiality of the acquired lands is also similar with the acquired lands from village Moha and Amla. The Reference Court, therefore, found that the sale instances placed on record provide a best guide for determination of proper market value of the acquired lands and as such, are relevant for consideration. The Reference Court also considered judicial pronouncement in Land Acquisition Reference No.19/93 along with other 24 References, which came to be decided on 12.09.1995. The lands covered by the common award were acquired for the same project, but on the basis of Section 4 Notification as well as the award, which was prior in time. Considering value of the agricultural property on the date of issuance of Section 4 Notification in those matters, the Reference Court fixed the market price of the acquired land @ Rs.450/- and Rs.675/- per are. The Reference Court has determined time gap between acquisition of lands covered by L.A.R. No.19/93 and instant matters and by giving reasonable allowance, has prescribed market price at Rs.730/- per are. 7 Shri Thombre, learned Counsel appearing for appellant – acquiring body, has made available relevant record, which form basis for determination of price by the Reference Court. It is contended by learned Counsel appearing for appellant – acquiring body that the sale instances in respect of lands situate in adjoining villages cannot provide best guide for determination of value of acquired land. It is also contended that there is difference in quality and potentiality of agricultural lands covered under sale instances and in respect of lands belonging to claimants, which were acquired for the Irrigation Project. 8 I have considered the objections raised by appellant and I {19} fast1708509.odt am of the view that the Reference Court, by giving a proper allowance to the factors such as difference in respect of quality of lands covered by sale instances and acquired lands, has prescribed lower market value of acquired land. The sale instances placed on record give market rate ranging from Rs.1000/- per are up to Rs.2370/- per are. It is not disputed that sale instances placed on record are pre-notification sales. It is also not disputed that the lands situate in adjoining villages also have been acquired for same irrigation project and some of the sale instances pertain to such villages. The Reference Court has considered the aspect that the lands covered by the sale instances are from such of those villages from where the lands have been acquired by the acquiring body for the same project. The Reference Court was, therefore, justified in considering the evidence in the form of sale instances placed on record by the claimants. The Reference Court has given appropriate allowance for minus factors such as distance between acquired lands and lands covered under sale instances, so also the lands covered under the sale instances were having irrigation facility, whereas, lands under acquisition, are either dry or seasonally irrigated lands. The sale instances placed on record denote price ranging between Rs.1000/- up to Rs.2370/- per are. The Reference Court, considering minus factors, as pointed out above, has prescribed lower market rate at the rate of Rs. 730/- per are. I am of the opinion that the view taken by the Reference Court is quite reasonable and value of the land prescribed is on the basis of evidence placed on record by the claimants. It is also worth noting that the acquired properties comprise of small pieces of lands and considering the moderate amount of compensation awarded by the Reference Court, I do not deem it appropriate to cause interference. {20} fast1708509.odt 9 All the appeals, therefore, stand dismissed summarily. Pending Civil Applications do not survive and stand disposed of accordingly. R.M.BORDE adb/fast1708509 JUDGE