fast16504.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 16504 OF 2009 The State of Maharashtra & another .. APPELLANTS. VERSUS Shri Kisan s/o Bhaguji Thombre .. RESPONDENT Mr. S.N. Kendre, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 28 th JUNE, 2011. PER COURT : 1 This appeal is presented by the State raising exception to the judgment and award passed by the Ad-hoc District Judge – 1, Aurangabad in LAR No. 204/1997 decided on 22-1-2008. 2 Agricultural land out of gat no. 531 admeasuring 1 H and 13 R situate at village Adgaon (Khurd), Tq. & Dist. Aurangabad came to be acquired by the State Government for construction of percolation tank at village Golatgaon. Notification under section 4 of the Land Acquisition Act was issued on 11-9-1985. After following the procedure prescribed under the Act, fast16504.09 2 the Land Acquisition Officer offered compensation at the rate of Rs. 120/- per R. Thus, the claimant was paid total sum of Rs. 13,680/- towards compensation. Further sum of rs. 13,774/- has been paid towards value of the well situate in the land. Claimant claims enhanced compensation to the tune of Rs. 43,796/- and, for raising enhanced claim, tendered separate application. Claimant placed reliance on sale instance at exh. 24 dated 6-9-1985 of village Golatgaon. One Sudam Solunke executed sale deed in favour of Madhav Solunke in respect of land gat no. 458 to the extent of 1 H and 5 R. Consideration amount was Rs. 31,000/-. Land covered by the sale instance is situate at village Golatgaon and is near to the acquired land and, as such, sale instance placed on record is relevant for consideration. Value of the land covered by the sale instance comes to Rs. 298/- per R. Acquired land is seasonally irrigated land so also the sale instance is 9 months prior to issuance of section 4 notification. Considering rise in the value of property to the extent of 9%, reference court came to the conclusion that claimant is entitled for enhanced value of land. Reference court also considered positive factor that the land acquired for the project is seasonally irrigated land, and as such, prescribed market value of the acquired property at 1 ½ times more than the value as reflected from the sale deed. Thus, reference court came to the conclusion that the fair fast16504.09 3 market value of the acquired property shall be Rs. 487/- per R. Reference court, thus directed payment of enhanced amount of compensation to the tune of Rs. 28064/- alongiwth benefits receivable under the provisions of the Land Acquisition Act. 3 I have perused the judgment and award passed by the reference court and examined the record made available by the learned AGP. In my opinion, approach of the reference court is quite rational and enhancement in the amount of compensation is marginal. Considering the meager amount directed to be paid and further considering that the area acquired also comprise of small piece of agricultural land, I do not deem it appropriate to cause interference in the appeal. Appeal is devoid of substance hence stands dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast16504.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 8759 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 : 28 th JUNE, 2011 1 This is an application seeking condonation of delay of 460 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 460 days occurred in presenting the appeal stands condoned. Civil application stands disposed of. ( R. M. BORDE, J.) dyb fast16504.09 5