fast19707.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 19707 OF 2008 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Shivaji s/o Hariba Jadhav & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19710 OF 2008 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Bajirao s/o Ganpatrao Dhumal & others .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19799 OF 2008 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Syed Khabula Hussain s/o Afzal Hussain & another .. RESPONDENTS fast19707.08 2 WITH FIRST APPEAL ST. NO. 19773 OF 2008 The Executing Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Vishwanath s/o Yeshwant Jadhav & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19768 OF 2008 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Ram s/o Apparao Jadhav & another .. RESPONDNETS WITH FIRST APPEAL ST. NO. 19789 OF 2008 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Mankarn s/o Bhagwantrao (through LRs) & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19792 OF 2008 fast19707.08 3 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Chandrakant s/o Vishwanath Jadhav through LRs and others .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19785 OF 2008 The Executive Engineer Latur Minor Irrigation Division, Latur .. APPELLANT VERSUS Deelip s/o Baburao Patil & others .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19777 OF 2008 The Executive Engineer Latur Minor Irrigation Division. Latur .. APPELLANT VERSUS Manik s/o Manuappa Panchal & another .. RERSPONDENTS WITH FIRST APPEAL ST. NO. 19783 OF 2008 fast19707.08 4 The Executive Engineer Latur Minor Irrigation Division Latur .. APPELLANT VERSUS Keshav s/o Vithalrao Jadhav & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19793 OF 2008 The Executive Engineer Latur Minor Irrigation Division Latur .. APPELLANT VERSUS Vithal s/o Apparao Jadhav & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19778 OF 2008 The Executive Engineer Latur Minor Irrigation Division Latur .. APPELLANT VERSUS Nagorao s/o Satwaji Mane & another .. RESPONDENTS Mrs. Kalpalata Patil – Bharaswadkar, advocate for the appellant. Mr. Arun Dalal, advocate holding for Mr. V.D. Salunke, advocate for respondent no. 1. Mr. N.R. Shaikh, AGP for the State. ===== fast19707.08 5 CORAM : R.M. BORDE, J. DATE : 14 th JUNE, 2011 PER COURT : 1 This group of first appeals is presented by the acquiring body raising exception to the judgment and award passed by the Civil Judge, Sr.Dn, Nilanga in group of Land Acquisition References decided on 3-7-2007. Reference court allowed the reference applications and directed payment of enhanced amount of compensation at the rate of Rs. 23,000/- per acre in favour of claimants in respect of agricultural lands acquired. 2 Lands belonging to the claimants came to be acquired for Badoor M.T. Tank . Notification under section 4 of the Land Acquisition Act was issued on 22-4-1993 and after following the procedure prescribed under the Act, the Land Acquisition Officer fixed market value of the land at Rs. 12,600/- per acre and offered amount of compensation to the agriculturists at the aforesaid rate. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the civil court for determination of market value of the acquired lands. Claimants claim compensation at the rate of Rs. 50,000/- per acre. According to the fast19707.08 6 claimants, the acquired lands are black cotton soil having depth of more than 20 ft and having very high fertility. The lands are situate in a village which is having facilities like hospital, school, and Grampanchayat. Market place Kasarsirsi is just 7 kms away from the village. Claimants as such claim compensation at higher rate i.e. Rs.50,000/- per acre. 3 In order to substantiate their claim, claimants placed reliance on evidence in the form of comparable sale instances. Claimants also examined witnesses Dhanraj Patil and Kashinath to prove sale instances placed on record. It is brought on record that one Dhanraj Patil sold 18 R land for consideration of Rs. 30,000/- to one Venkat Ingle on 12-7-1991. The land in question is situate at village Ssarvadi which is at a distance of 4 kms from the acquired lands. Witness examined by the claimants has stated about fertility and quality of the lands, which according to him is comparable with the acquired land. Claimants have also placed reliance on sale instance produced at exh. 39/1. The land covered by the sale instance is situate at village Korali. One Kashinath sold 2 acres and 2 gunthas land out of survey no. 218/B in favour of Laxmibai Jagtap for consideration of Rs. 51,000/-. The land situates at a proximate distance from the acquired land and CW 2 Kashinath has deposed in respect of distance between fast19707.08 7 acquired land and land covered by sale instance and quality and fertility of the land. It is also brought on record that the lands from village Korali are also acquired for construction of Minor Irrigation Tank and as such sale-deed in respect of land situate at village Korali is relevant for determination of market price of acquired land. Trial court accepted evidence in the form of sale instance at exh. 39/1 for the purpose of determining market value of the acquired properties. The land covered by sale instance at exh. 39/1 gives market value of the land on date of issuance of section 4 notification at Rs. 25,500/- per acre. Trial court, after considering relevant circumstances, fixed market price of the acquired land at Rs. 23,000/- per acre in respect of dry crop land. 4 I have perused the judgment and award passed by the reference court and heard arguments advanced by learned counsel appearing for the respective parties. I am of the considered opinion that the view adopted by the reference court is quite rational and enhancement in the amount of compensation directed by the reference court is quite moderate. It is worthy to note that the claimants are held entitled to received enhanced compensation ranging between Rs. 8700/- to Rs. 1,48,335/- in all the group matters. Considering the fact that the acquired lands comprise of fast19707.08 8 small pieces and considering the moderate amount of enhancement in amount of compensation directed to be paid by the reference court, I am of the view that no interference is called fir in these appeals. Appeals are devoid of substance hence stand dismissed. 5 Pending civil application, if any, does not survive and stand disposed of. ( R. M. BORDE ) JUDGE dyb fast19707.08 9 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 12112 OF 2008 WITH CIVIL APPLICATION NOS. 10883, 10885, 10889, 10891, 10887, 12114, 12118, 12120, 12122, 12124 AND 12126 OF 2008 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 : 14 th JUNE, 2011 1 These applications are presented by the acquiring body seeking condonation of delay of 341 and 334 days occurred in presenting the first appeals. 2 Heard Mrs. Bharaswadkar, learned counsel for the applicants, Mr. Arun Dalal, learned counsel holding for Mr. V.D. Salunke, learned counsel for respondent no. 1 and Mr. N.R. Shaikh, learned AGP for the fast19707.08 10 State. For the reasons stated in the applications, applications deserve to be allowed and the same are accordingly allowed. Delay occurred in filing the appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb