fast16745.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 16745 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Bhalchandra s/o Janardhan Chavan & another .. RESPONDENTS Mr. N.R. Shaikh, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 16 th JUNE, 2011 PER COURT : 1 Appellant / State is raising exception to the judgment and award passed by the 1 st Ad-hoc Additional District Judge, Latur on 22-9-2006 in LAR No. 246/2000 thereby directing payment of enhanced compensation in respect of acquired land to the claimant / respondent herein. 2 Land belonging to the claimant to the extent of 75R out of gat no. 152 came to be acquired for construction of percolation tank at village Ekambiwadi, Tq. Ausa, Dist. Latur. Notification under section 4 of the Land Acquisition Act was issued on 14-4-1994 and after following the procedure fast16745.09 2 prescribed under the Land Acquisition Act, award came to be passed by Special Land Acquisition Officer on 4-11-1996. The Special Land Acquisition Officer offered compensation in respect of acquired land at the rate of Rs.255/- per R. Claimant being dis-satisfied with the award passed by the Special Land Acquisition Officer, tendered application seeking reference of the matter to the civil court for determination of market value of the acquired land. Claimant claimed market value of the acquired land at the rate of Rs. 40,000/- per acre. After considering the evidence tendered by the claimant, reference court fixed market value of the acquired land at Rs. 450/- per R and directed payment of enhanced amount of compensation to the claimant. Claimant in order to substantiate his claim placed reliance on sale deed exh. 12. One Datta sold agricultural land to the extent of 1 acre and 36 gunthas to one Bashamiya and others on 2-4-1992. The land is situate at a distance of about 4 kms from the acquired property. The witness has deposed about quality and fertility of the land so also the distance between the acquired land and the land covered under the sale-instance. Reference court by applying certain guess work has arrived at market price of the acquired land at Rs. 450/- per R. The land covered by the sale instance yields Rs. 880/- per R. However, considering the quality of the land, reference court prescribed compensation at lower rate. fast16745.09 3 In my opinion, the reasons recorded by the reference court are proper and the conclusions drawn are based on appreciation of evidence placed on record by the claimant. Considering the moderate enhancement in the amount of compensation payable to the claimant, in my opinion, no interference is called for in this appeal. Appeal is devoid of substance hence stands dismissed. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast16745.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 8710 OF 2009 IN FIRST APPEAL ST.NO. 16745 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 : 16 th JUNE, 2011 . This is an application seeking condonation of delay of 960 days occurred in presenting the appeal. 2 Heard. For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 960 days occurred in presenting the appeal stands condoned. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb