1 F.A.st.14144.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD (1) FIRST APPEAL STAMP NO. 14144 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Khanderao Sahebrao Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (2) FIRST APPEAL STAMP NO. 14148 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Baliram S/o Narayan Kokare R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (3) FIRST APPEAL STAMP NO. 14141 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, 2 F.A.st.14144.10 Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Parwatibai Dhondiba Zargad R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (4) FIRST APPEAL STAMP NO. 14117 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Sundar Ramrao Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (5) FIRST APPEAL STAMP NO. 14159 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Ramrao Sopan Lavhale R/o Sukali Tq. Dharur, 3 F.A.st.14144.10 District Beed and others ...RESPONDENTS. WITH (6) FIRST APPEAL STAMP NO. 14138 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Dnyaneshwar Jaywantrao More R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (7) FIRST APPEAL STAMP NO. 14166 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Namdeo Ganpati Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (8) FIRST APPEAL STAMP NO. 14130 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through 4 F.A.st.14144.10 Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Eknath Satoba More R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (9) FIRST APPEAL STAMP NO. 14163 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Deorao Bhaurao Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (10) FIRST APPEAL STAMP NO. 14113 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Bapusaheb Asurba Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. 5 F.A.st.14144.10 WITH (11) FIRST APPEAL STAMP NO. 14108 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Manik Mamtarao Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (12) FIRST APPEAL STAMP NO. 14120 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Ganpati Bhausaheb More R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (13) FIRST APPEAL STAMP NO. 14104 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation 6 F.A.st.14144.10 Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Manik Rajaram Kale R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (14) FIRST APPEAL STAMP NO. 15572 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Gajrabai Vithal Gavali R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (15) FIRST APPEAL STAMP NO. 15577 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Shankar Sonaji Bidgar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. 7 F.A.st.14144.10 WITH (16) FIRST APPEAL STAMP NO. 15606 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Vasant Vithalrao Bidgar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (17) FIRST APPEAL STAMP NO. 15599 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Sambhaji Gangaram Kumbhar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (18) FIRST APPEAL STAMP NO. 15593 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation 8 F.A.st.14144.10 Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Sonaji S/o Gangaram Kumbhar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (19) FIRST APPEAL STAMP NO. 15587 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Bhausaheb Damodhar zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (20) FIRST APPEAL STAMP NO. 15582 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Damodhar Bhaurao Zodge R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. 9 F.A.st.14144.10 WITH (21) FIRST APPEAL STAMP NO. 15560 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Murli Vaijnath Kale R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (22) FIRST APPEAL STAMP NO. 15567 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Lahu Vishwanath Kale R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (23) FIRST APPEAL STAMP NO. 15603 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. 10 F.A.st.14144.10 VERSUS 1. Haribhau Narayan Bidgar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (24) FIRST APPEAL STAMP NO. 15554 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Sambhaji Bajirao Salgar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. WITH (25) FIRST APPEAL STAMP NO. 15545 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Aarjun S/o Sonaji Kumbhar R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. 11 F.A.st.14144.10 WITH (26) FIRST APPEAL STAMP NO. 15550 OF 2010 1. The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, District Beed, through Godawari Marathwada Irrigation Development Corporation,Aurangabad. ...APPLICANT. VERSUS 1. Balasaheb Kashinath Lavhale R/o Sukali Tq. Dharur, District Beed and others ...RESPONDENTS. ....... Shri.S.S.Thombre, Advocate for Applicant. Shri.V.D.Rakh, A.G.P. for Respondent-State. ...... CORAM: R.M.BORDE, J. DATE : 26TH JULY, 2011. PER COURT : 1. These are appeals presented by the acquiring body challenging the Judgment and Award passed in various Reference Applications decided by District Judge-1 Majalgaon, thereby directing payment of enhanced amount of compensation to the claimants in respect of their acquired lands. 2. Agricultural lands belonging to the claimants came to be acquired for construction and submergence of Gunwanti Brahat minor Sinchan 12 F.A.st.14144.10 Project Sukali, Tq. Dharur. Notification Under section 4 of the Act was published on 11.08.1994. The Special Land Acquisition Officer, after following procedure prescribed under the land Acquisition Act, passed award on 28.01.1998. The Special Land Acquisition Officer awarded compensation at the rate of Rs. 220/- per R and Rs.240/- per R. 3. The claimants, being dissatisfied with the amount offered by Special Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of proper value of the acquired property. The claimants in these matters claimed enhanced compensation at the rate of Rs.1500/- per R in respect of the acquired lands. 4. In order to substantiate their contentions, claimants led oral evidence and also paced reliance on the judgment and award passed in L.A.R.Nos. 728 of 2004 and 730 of 2004, wherein the lands covered under the award i.e. LAR Nos. 728 of 2004 and 730 of 2004 were acquired for the purpose of same project and were situated in the adjoining village Sukali. The Reference Court considering the relevant circumstances, prescribed the price of the acquired lands at the rate of Rs. 720/- per R. 13 F.A.st.14144.10 5. Mr. Thombre,learned counsel appearing for appellants informed that these are appeals arising out of the award passed by the Land Acquisition Officer on 28.01.1998. The learned counsel further invited attention of this Court towards the decision of this Court, in First Appeal Stamp No. 17085 of 2009 and other companion appeals. The appeals presented by the acquiring body-appellant herein, were also pertaining to the same acquisition/award and were taken up for consideration. The date of notification Under Section 4 of the Land Acquisition Act as well as date of award in present appeals and decided matters is also same. The subject matter of the present appeals i.e. award dated 28.01.1998 has already been adjudicated by this Court on 22nd June, 2011 and appeals presented by acquiring body challenging decision of reference Court have been dismissed. 6. In this view of the matter, for the reasons recorded by this Court while disposing the First Appeal Stamp No. 17085 of 2009 and other companion Appeals, on 22nd June, 2011, the appeals do not require favourable consideration. It is also worth noting that the acquired properties comprise of small pieces of lands and considering the moderate amount of compensation awarded by the Reference Court, I do not deem it 14 F.A.st.14144.10 appropriate to cause interference. The appeals, being devoid of merit, stand dismissed. Sd/- [ R.M.BORDE, J. ] MTK