1 F.A.St.No. 8487 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL St.No.8487 of 2011 The State of Maharashtra ..APPELLANT VERSUS Sayyadmir Chandbhai Hawaldar ..RESPONDENT WITH FIRST APPEAL . St.No.8514 of 2011 The State of Maharashtra ..APPELLANT VERSUS Raju Bapu Dighe ..RESPONDENT WITH FIRST APPEAL St.No.8491 of 2011 The State of Maharashtra ..APPELLANT VERSUS Dagdubhai Sayyadmir Hawaldar & ors. ..RESPONDENTS WITH FIRST APPEAL St.No.8504 of 2011 The State of Maharashtra ..APPELALNT 2 F.A.St.No. 8487 of 2011 VERSUS Bansi Chandubhai Hawaldar ..RESPONDENT WITH FIRST APPEAL St.No.8507 of 2011 The State of Maharashtra ..APPELLANT VERSUS Shakinabi Ganibhai Shaikh ..RESPONDENT WITH FIRST APPEAL St.No.8495 of 2011 The State of Maharashtra ..APPELLANT VERSUS Chandubhai Yasubhai Hawaldar (dead), through L.Rs. Sayyadmir Chandubhai Hawaldar & ors. ..RESPONDENTS Mr S.N. Kendre, A.G.P. for the appellant; Mr M.R. Sonawane, Advocate for the respondent CORAM : MRS MRIDULA BHATKAR, J. DATE : 4th October, 2011 PER COURT : In this group of appeals, judgment and award passed by the Civil Judge Senior Division, Shrigonda, District Ahmenagar, dated 15.1.2008 is 3 F.A.St.No. 8487 of 2011 challenged. These appeals are filed under the Land Acquisition Act. 2. The lands acquired by the acquiring authority are from Hangewadi, Taluka Shrigonda, District Ahmednagar. The Government has issued notification under section 4 of the Land Acquisition Act on 16.10.1997 and award was declared on 31.8.2000. After hearing the objections raised by the interested persons, Special Land Acquisition Officer fixed the compensation at the rate of Rs.75,400/- per Hectare i.e. Rs.754/- per Are for jirayati land. Aggrieved by the said award, reference under section 18 of the Act was made to the Civil Court, Shrigonda. The claimants tendered oral as well as documentary evidence. Reference Court considered those sale instances and on the basis of the sale instances, Reference Court fixed the rate of the compensation at Rs.1250/- per Are for jirayati and for bagayati the rate was double than the jirayati land i.e. Rs.2,500/- per Are. It is observed by the Reference Court that while fixing the rate of the compensation the Special Land Acquisition Officer did not classify the lands as jirayati and Bagayati land and the rate of jirayati land was given for the entire land. Reference Court classified lands as jirayati and bagayati land on the basis of the fertility, potentiality and irrigation facility as also crop yielded from it. Reference Court has relied on the sale deeds which were produced on record at Exhs.11, 12 and 16. On the basis of three sale deeds dated 19.1.1996, 15.5.1997 and 15.7.1996 Reference Court has compared the price in the sale deeds that was ranging from Rs.1,25,000/- per Hectare i.e. Rs.1250/- per Are. 4 F.A.St.No. 8487 of 2011 These lands being adjacent within the area of Hangewadi Chimbhale and the sale deeds are also of the year 1996-97. The sale instances were rightly considered by the Reference Court and the price fixed for the jirayati land at Rs.1250/- per Are is based on sound reasoning, not excessive, so also the double price given for bagayati land is found appropriate. The enhancement, which is challenged by the State in these appeals, has no substance and so the appeals are summarily dismissed with no order as to costs. In the light of this, all pending Civil Applications do not survive and are disposed of accordingly. ( MRS MRIDULA BHATKAR, J.) amj/fast8487.11