1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2095/2009 WITH CIVIL APPLICATION 1672/2010 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. G.N. Chincholkar, Advocate for petitioner. Shri V.D. Rakh, A.G.P. for respondent no.1 .......................... [CORAM : K.U. CHANDIWAL, J ] DATE : 05th FEBRUARY, 2010. PER COURT : 1 Heard. 2 Heard Shri G.N. Chincholkar, learned Advocate for appellant / original claimant and Shri V.D. Rakh, learned A.G.P. for respondent no.1. The unfortunate claimant / appellant lost Land Reference No.133/2002 by order dated 24th January, 2007 as the learned Reference Court found that the claimant could not establish his entitlement for 2 enhancement. Mr. Chincholikar now by Civil Application No.1672/2010 by placing certified copy of sale deed dated 16th June, 2000 submits that this sale instance was sufficient to provide nucleus of the enhancement on the learned judge. However, it was not produced inadvertently. 3 Though the laxity is demonstrated by the appellant / claimant, the fact remains; production of sale instance dated 16th June, 2000 though was not within his reach. However, it could have equally been considered by learned Special Land Acquisition Officer while determining the award as different sale instances are to be verified in terms of Section 23 of the Land Acquisition Act, for determination of the market price. I quite see that the claimant is put to hardship and equally if he succeeds; the State will have to bear and pay statutory benefits for the intervening four years’ period from the date of judgment till 3 this date. However, considering the ground realities of sale deed being in force, this critical aspect is left to be taken into consideration by the learned Reference Court. ORDER 1 The matter is remitted to the learned Civil Judge (Senior Division), Nanded to decide the Land Acquisition Reference No.133/2002 on it’s own merits, facilitating the claimant / appellant to produce evidence in terms of sale deed dated 16th June, 2000 or any other sale deed prior to the notification under section 4 of the Land Acquisition Act. 2 The learned judge will also allow State to lead evidence refuting the enhancement. 3 The parties will appear before learned judge on 23rd March, 2010. 4 Civil application also disposed of. [ K.U. CHANDIWAL, J ] tsk/fa2095.09