gst 1 caf4377.08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 4377 OF 2008 IN FIRST APPEAL (ST.) NO. 1695 OF 2003. The State of Maharashtra .... ..... ..... ...Applicant. V/s Algonda Raigonda Patil ... ..... .... ..Respondent. Ms.S.V.Mhaispurkar, AGP for the State. Mr.P.Paranjape h/f Mr.T.S.Ingale, Adv. For the respondent CORAM: B.R.GAVAI, J. 15th September, 2010. PC: This is an application for condonation of delay in filing first appeal. For the reasons set out in the application, same is allowed. Delay is condoned. First appeal is taken up for admission. gst 2 caf4377.08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. FIRST APPEAL (ST.) NO. 1695 OF 2003. WITH CIVIL APPLICATION NO. 5941 OF 2008. The State of Maharashtra .... ..... ..... ...Applicant. V/s Algonda Raigonda Patil ... ..... .... ..Respondent. Ms.S.V.Mhaispurkar, AGP for the State. Mr.P.Paranjape h/f Mr.T.S.Ingale, Adv. For the respondent CORAM: B.R.GAVAI, J. 15th September, 2010. PC: Heard learned AGP for the State and Mr.Paranjape holding for Mr.Ingale, Adv. For the respondent. 2. As and by way of present appeal the appellant-State challenges the award passed by the learned Civil Judge, Senior Division, Islampur dated 31.10.2001. 3. The land admeasuring 1 hectare 21 ares belonging to respondent came to be acquired for resettlement of the project affected persons due to Warana project. As per the award passed by the learned Land Acquisition Officer the compensation was awarded by taking into consideration the value of land at the rate of Rs.16000/- per hectare. In the reference filed by the respondent same came to be increased to Rs.35,000/- per hectare. While enhancing the compensation learned trial Court has taken into consideration that the evidence on record showed that the land of the claimant was black soil and fertile land. Learned trial Court further found that the evidence on record showed that the land of the claimant was converted in irrigated land. It was found that the claimant was taking water from Ganesh Pani Purvatha Sanstha. Learned trial Court has also perused the evidence in the nature of sale deeds at Exhs. 13 and gst 3 caf4377.08.sxw 41. Learned trial Court therefore on the basis of evidence in the nature of comparable sale deeds and also on the basis of award which was passed in Land Acquisition Reference No.47/91 held that the claimant was entitled to compensation at the rate of Rs.35,000/- per hectare. 4. The findings recorded by the learned trial Court are recorded on the basis of cogent evidence placed on record and as such no perversity could be noticed in the same. Appeal is therefore dismissed. In view of dismissal of appeal Civil Application does not survive and the same also stands disposed of.