fast4909.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 4909 OF 2011 WITH C.A. NO. 4144 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Shahajirao Zattinga Pawar Through L.Rs. Usha Balaji Pawar and Ors ...Respondents FIRST APPEAL (ST.) NO. 4825 OF 2011 WITH C.A. NO. 4146 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Phulchand Suryabhan Pawar and another ...Respondents FIRST APPEAL (ST.) NO. 4900 OF 2011 WITH C.A. 4148 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Malikarjun Nagnathappa Nimuse and another ...Respondents FIRST APPEAL (ST.) NO. 4922 OF 2011 WITH C.A. 4150 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Parishit s/o Nagnathappa Nimuse and another ...Respondents fast4909.11 -2- FIRST APPEAL (ST.) NO. 4829 OF 2011 WITH C.A. 4152 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Vijaykumar Natnathappa Nimuse and another ...Respondents FIRST APPEAL (ST.) NO. 4932 OF 2011 WITH C.A. NO. 4154 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Santaram Tukaram Bhingole and others ...Respondents FIRST APPEAL (ST.) NO. 4927 OF 2011 WITH C.A. NO.4156 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Dhondopant Shridharacharya Shivane and another ...Respondents FIRST APPEAL (ST.) NO. 4904 OF 2011 WITH C.A. NO. 218 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Shivdarshan Vijaykumar Nimuse and another ...Respondents FIRST APPEAL (ST.) NO. 4820 OF 2011 WITH C.A. NO.4220 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant fast4909.11 -3- Versus Maruti Tukaram Bhingole and another ...Respondents FIRST APPEAL (ST.) NO. 4817 OF 2011 WITH C.A. NO. 4223 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Ramkishan Bhaurao Shahpure and another ...Respondents FIRST APPEAL (ST.) NO. 4918 OF 2011 WITH C.A. NO. 4225 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Hanmant Shridharcharya Shivane and another ...Respondents FIRST APPEAL (ST.) NO. 4914 OF 2011 WITH C.A. NO. 4227 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Santosh Mallikarjun Namuse and another ...Respondents FIRST APPEAL (ST.) NO. 14924 OF 2011 WITH C.A. NO. 8506 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Yousuf Faijuddin Shaikh and another ...Respondents fast4909.11 -4- FIRST APPEAL (ST.) NO. 14905 OF 2011 WITH C.A. NO. 8508 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Manik Sakharam Pawar (Died through L.Rs.) Pandhari and another ...Respondents FIRST APPEAL (ST.) NO. 14916 OF 2011 WITH C.A. NO. 8509 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Gurunath Malshidappa Namuse and another ...Respondents FIRST APPEAL (ST.) NO. 14920 OF 2011 WITH C.A. NO. 8512 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Mathurabai Suryabhan Pawar (Died through L.Rs.) Phulchand Suryabhan Pawar and another ...Respondents FIRST APPEAL (ST.) NO. 14911 OF 2011 WITH C.A. NO. 8513 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Laxmi Shripati and others ...Respondents fast4909.11 -5- FIRST APPEAL (ST.) NO. 14930 OF 2011 WITH C.A. NO. 8516 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Ganpati Yeshaba Pawar and another ...Respondents FIRST APPEAL (ST.) NO. 14927 OF 2011 WITH C.A. NO. 8517 OF 2011 The Executive Engineer, Lower Terna Project Latur ...Applicant Versus Babu Bhagwantrao Pawar and another ...Respondents ..... Shri U.K. Patil, advocate for the appellant S/Shri K.S. Patil, S.N. Kendre and T.S. Lodhe, A.G.Ps for respondent- State. ..... CORAM: R.M. BORDE, J. DATED: 4TH AUGUST, 2011 PER COURT:- 1 These are the appeals presented by the acquiring body raising exception to the judgment and award passed by the learned Civil Judge, Senior Division, Nilanga on 5.11.2009 in L.A.R. No. 567 of 1998 and other companion reference applications. 2 The agricultural lands belonging to the claimants-respondents comprises of small pieces of lands came to be acquired for construction of canal i.e. lower Terna project. A notification under fast4909.11 -6- section 4 of the Act was issued on 20.6.1991 and after observing the procedure prescribed under the Land Acquisition Act the award came to be passed on 10.1.1995. The Land Acquisition Officer offered compensation in respect of the acquired lands @ Rs.290 per R. 3 The claimants being dissatisfied with the award passed by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of market price of the acquired lands. The claimants claimed compensation @ Rs.75,000/- per acre. In order to substantiate their claims, the claimants placed reliance on oral as well as documentary evidence. The documentary evidence consist of comparable sale instances. Exh. 24 is the sale instance in respect of alienation of land survey No.61 admeasuring 61 R which has been sold for a consideration of Rs. 51,000/- by one Kashinath Pawar to Apparao Pawar on 28.5.1990. The price of land, as reflected from the sale deed comes around to Rs. 800/- per R. The land covered by the sale instance is dry crop land and taking into consideration the sale instance placed on record and other factors relating to quality and fertility of the soil and the proximity in relation to distance, the Reference Court scaled down the amount of compensation payable to the claimants in respect of dry crop lands at Rs.794/- per R. The Reference Court by giving appropriate allowance for the other factors determined the value of the seasonal irrigated fast4909.11 -7- lands at Rs.1191/- per R and determined the price of irrigated land @ Rs.1588/- per R. The view adopted by the Reference court, in my opinion, is reasonable and proper. Apart from these aspects, it is to be noted that small pieces of agricultural lands have been taken in possession for construction of canal thereby entitling the claimants to receive the appropriate compensation. 4 I have gone through the reasons recorded by the Reference Court and heard the arguments advanced by Mr. U.K. Patil, learned counsel appearing for the acquiring body. The counsel has also referred to the copies of documents which were considered by the Reference court for granting enhanced amount of compensation. Considering the meager amount of compensation directed to be paid by the Reference court, I do not deem it necessary to cause interference in the appeals. The appeals devoid of any substance. Hence, stand dismissed. 5 In view of dismissal of appeals, civil applications seeking stay to the impugned judgment and award do not survive and the same stand disposed of accordingly. ( R.M. BORDE. J.) rlj/