fast8660.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 8660 of 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Lahanu s/o Deorao Hinge .. RESPONDENTS WITH FIRST APPEAL ST. NO. 8670 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Mahadeo s/o Maroti Mane .. RERSPONDENT Mr. T.S. Londhe, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the 3 rd Adhoc Additional fast8660.09 2 District Judge, Beed. 2 Agricultural lands belonging to the claimants came to be acquired for construction of Minor Irrigation Tank at Ukhanda Chakla, Tq. Shirur. The Land Acquisition Officer after following the procedure prescribed under the Act determined compensation in respect acquired property at the rate of Rs. 245/- per R. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered application seeking reference for determination of market value of the acquired property. Reference court, after considering the evidence laid by the claimants came to the conclusion that the proper market value of the acquired property shall be at the rate of Rs.750/- per R and directed payment of enhanced compensation to the claimants. 3 I have perused the judgment and award passed by the reference court. Claimants in order to substantiate their claim placed on record about 5 sale instances. However, the reference court accepted the sale instance placed on record at exh. 16. The land covered by the sale instance at exh. 16 is to the extent of 21 R and the same has been alienated on 11-12-1995 for consideration of Rs.40,000/-. Thus, the rate at which the land was sole is Rs. fast8660.09 3 1904/- per R. It is found that the land covered by the sale deed is within the close proximity of the acquired property and as such the sale instance at exh. 16 is comparable to the acquired property. Reference court determined value of the acquired property at Rs. 750/- per R and directed payment of enhanced amount of compensation accordingly. In my view, reference court has adopted reasonable approach and has directed quite moderate enhancement in the amount of compensation payable to the claimants. In this view of the matter, no interference is called for in the instant appeals. Appeals are devoid of substance hence stand dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast8660.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 4819 OF 2009 WITH CIVIL APPLICATION NO. 4817 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 851 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 851 days occurred in presenting the appeals stand condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb