fast1581.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 1581 OF 2009 The State of Maharashtra & others .. APPELLANTS VERSUS Tukaram s/o Sangareddy Kalmukle .. RESPONDENT WITH FIRST APPEAL ST. NO. 1584 OF 2009 The State of Maharashtra & others .. APPELLANTS VERSUS Dnyanoba s/o Sangareddy Kalmukle .. RESPONDENT WITH FIRST APPEAL ST. NO. 1538 OF 2009 The State of Maharashtra & others .. APPELLANTS VERSUS Prakash s/o Shivappa Limbne .. RESPONDENT Mr. N.R. Shaikh, AGP for the State. Mr. V.G. Sakolkar, advocate for the respondents. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 The State of Maharashtra is raising exception to the common award fast1581.09 2 passed by the Civil Judge, Sr.Dn., Ahmedpur, Camp at Udgir on 21-4-2008 in group of three reference applications. 2 Lands belonging to the respondents have been acquired for construction of percolation tank situate at village Tondchir, Tq. Udgir, Dist. Latur. The Land Acquisition Officer, after following the procedure prescribed under the Land Acquisition Act, passed an award and determined value of the acquired property at Rs.565 per R. The claimants being dis-satisfied with the award passed by the Land Acquisition Officer referred applications seeking determination of proper value of the acquired property and claimed compensation at the rate of Rs.2,00,000/- per acre. Reference court, after considering the evidence adduced by the claimants, arrived at conclusion that the proper value of the acquired property shall be at the rate of Rs. 1,900/- per R and directed enhancement in the amount of compensation payable to the claimants accordingly. 3 I have perused the judgment and award passed by the reference court. Reference court has considered the sale instances produced by the claimants on record at exh. 16 and 17. Sale instance at exh. 17 is in respect of 109 R land which has been sold for consideration of Rs.4,90,000/- i.e. at the rate of Rs.4,495/- per R whereas sale instance at exh. 16 is in respect of 86 R fast1581.09 3 land and the property has been sold at Rs. 1,40,000/- i.e. at the rate of Rs. 1,860/- per R. The sale instances placed on record are in respect of agricultural lands in the near vicinity of the acquired property. Reference court found the evidence in the form of sale instances placed on record by the claimants to be comparable and, on consideration of the value of the property in the near vicinity, directed enhancement in the amount of compensation payable to the claimants. The view adopted by the reference court is reasonable and proper and is based on proper appreciation of evidence placed on record by the claimants. In this view of the matter, no interference is called for in the instant appeals preferred by the State Government. Appeals therefore stand dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast1581.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 1341 OF 2009 WITH CIVIL APPLICATION NO. 131345 OF 2009 AND CIVIL APPLICATION NO. 1343 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 171 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 171 days occurred in presenting the first appeals stand condoned. Civil application stand disposed of. ( R.M. BORDE) JUDGE dyb