fast17204.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 17204 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Sanjay s/o Trimbak Gore .. RESPONDENT WITH FIRST APPEAL ST. NO. 17247 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Vithhal s/o Gunda Gore .. RESPONDENT Mr. T.S. Londhe, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 PER COURT : 1 The State Government has presented these two appeals raising exception to the judgment and award passed by the Adhoc District Judge – 2, Latur in LAR Nos. 25/2003 and 28/2003 decided on 31-8-2007. fast17204.09 2 2 Lands belonging to the claimants were acquired for construction of percolation tank at village Taka, Tq. Ausa. The lands which were acquired comprise of small pieces admeasuring 67 R, 49 R and 40 R. The Land Acquisition Officer while passing award, directed payment of compensation at the rate of Rs. 280/- per R. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer tendered application for referring the matter to the civil court for determination of proper market value of the acquired land. Reference court, after receiving evidence laid by the parties, came to the conclusion that proper market value of the acquired land shall be Rs. 60,000/- per hector and directed the State Government to pay the enhanced amount of compensation accordingly. 3 I have perused the judgment and award passed by the reference court. Claimants have placed reliance on sale instance produced at exh. 23 dt.28-2-1996. Admittedly, the sale instance is pre-notification sale. One Shivaji Suryawanshi purchased the land from one Raghunath out of survey no. 152/2 admeasuring 2 acres and 2 gunthas for consideration of Rs.49,500/-. The land sold in favour of Shivaji also situate in the same village and is in close proximity of the acquired land. Claimants also place reliance fast17204.09 3 on a judgment passed in LAR No.s 875/2002 and 877/2002 whereby the reference court awarded compensation at the rate of Rs.60,000/- per hector in respect of the agricultural lands acquired from the same village and under same notification. Considering the evidence produced by claimants, reference court enhanced compensation at the rate of Rs. 60,000/- per hector, which, in my opinion, is reasonable and proper. Considering the quantum of enhanced compensation awarded by the reference court which is quite moderate, I do not deem it necessary to cause interference in the 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 fast17204.09 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9349 OF 2009 WITH CIVIL APPLICATION NO. 9351 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 : 9 th JUNE, 2011 1 These are the applications seeking condonation of delay of 622 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 622 days occurred in presenting the first appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb