fast3682.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 3682 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Ramesh Bhikaji Pandharkar & others .. RESPONDENTS WITH FIRST APPEAL ST. NO. 3693 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Kisan Namdeo Bhandul .. RESPONDENT Mr. T.S. Londhe, AGP for the State. Mr. DA. Bide, advocate holding for Mr. D.R. Jaybhar, advocate for the respondents. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 These are the appeals raising exception to the judgment and award fast3682.09 2 passed by the Civil Judge, Sr.Dn., Shrigonda, Dist. Ahmednagar directing enhancement in the amount of compensation payable to the claimants. 2 Lands belonging to the respondents / claimants came to be acquired for Sina Kukadi Project. The Special Land Acquisition Officer determined the value of the acquired lands at Rs. 250/- per R. The claimants being dis- satisfied with the determination of compensation at the hands of Land Acquisition Officer, tendered applications seeking reference to the civil court. Reference court, on consideration of the evidence laid by the claimants, determined market value of the acquired property and directed payment of enhanced value for the acquired property. Claimants in order to substantiate their contention, placed reliance on sale instance at exh. 16. The sale-deed is in respect of area to the extent of 24 R land which has been alienated for Rs.20,000/-. Sale-deed is admittedly pre-notification sale. Reference court found evidence in the form of sale instance produced by the claimants to be comparable with the acquired property. Reference court on consideration of the relevant aspects, determined value of the acquired property at Rs.833/- per R and directed payment of difference of amount to the claimants. On consideration of all the relevant aspects, I am of the opinion that reference court has adopted a reasonable view and fast3682.09 3 directed enhancement in payment of amount of compensation which is quite moderate. Considering the small pieces of agricultural properties that have been acquired by the State Government and considering the moderate enhancement directed by the reference court, I do not find any reason for causing interference in the instant appeals. Appeals are devoid of substance hence stand dismissed. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast3682.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 2979 OF 2009 WITH CIVIL APPLICATION NO. 2981 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 : 7 th JUNE, 2011 1 These are the applications seeking condonation of delay of 582 days occurred in presenting the first appeals. 2 Heard. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay of 582 days occurred in presenting the appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb