1 fa2006.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 2006 OF 2011 (CIVIL APPLICATION NO. 7317 OF 2009) The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, Dist. Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. ..APPELLANT -VERSUS- 1. Prakash S/o Prabhu Musale Age : 30 years, Occ : Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. 2. Narayan S/o Prabhu Musale Age : 27 years, Occ :Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. 3. Rajesaheb S/o Prakash Musale Age : 12 years, 4. Amol S/o Prakash Musale Age : 07 years, applicant nos. 3 and 4 are minor, U/g. of father Prakash S/o Prabhu Musale, Age : 30 years, Occ : Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. 5. The State of Maharashtra through Collector, Beed. ..RESPONDENTS WITH 2 fa2006.11 FIRST APPEAL NO. 2007 OF 2011 (CIVIL APPLICATION NO. 7313 OF 2009) The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, Dist. Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. ..APPELLANT -VERSUS- 1. Girjabai W/o Waman Udar Age : 66 years, Occ : Agri., R/o Poos, Tq. Ambajogai, Dist. Beed. 2. Sudhakar S/o Waman Udar Age : 42 years, Occ : Agri., R/o Poos, Tq. Ambajogai, Dist. Beed. 3. Madhukar S/o Waman Udar Age : 33 years, Occ : Agri., R/o Poos, Tq. Ambajogai, Dist. Beed. 4. The State of Maharashtra Through Collector, Beed. ..RESPONDENTS WITH FIRST APPEAL NO. 2008 OF 2011 (CIVIL APPLICATION NO. 7315 OF 2009) The Executive Engineer, Beed Minor Irrigation Division, Head Quarters at Ambajogai, Dist. Beed, through the Godavari Marathwada Irrigation Development Corporation, Aurangabad. ..APPELLANT 3 fa2006.11 -VERSUS- 1. Vishwanath S/o Narayanrao Hare Age : 50 years, Occ : Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. 2. Chandan S/o Narayanrao Hare Age : 25 years, Occ : Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. 3. Sagar S/o Vishwanath Hare Age : 22 years, Occ : Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. 4. Sou. Trigunabai Narayanrao Hare Age : Major, Occ : Agri., R/o Jawalgaon, Tq. Ambajogai, Dist. Beed. ..RESPONDENTS ..... Mr. S.S. Thombre assisted by Mr. S.B. Solanke, Advocates for appellants. Mr. P.P.More, A.G.P. for respondent/State. ..... (CORAM : SMT. MRIDULA BHATKAR, J) DATED : 26th August, 2011. ORAL JUDGMENT : 1. By consent of the learned Counsel for the parties, the appeals are admitted and are decided finally at the stage of admission. 2. These three appeals are preferred by the acquiring authority, challenging the order passed by the Reference Court, 4 fa2006.11 wherein the amount of compensation was enhanced by fixing market value at the rate of Rs. 914/- per Are for Jirayat land and Rs. 100/- per Are for pot kharab land. In these appeals, the Reference Court decided the Land Acquisition Reference nos. 120 of 2003, 121 of 2003 and 96 of 2003 by the different judgments. All these lands were acquired for the purpose of construction of Murambi Minor Irrigation Tank situated at village Jawalgaon and Poos, Tq. Ambajogai, Dist. Beed. For the purpose of acquisition, the Special Land Acquisition Officer had issued notification under Sections 4 and 6 of the Land Acquisition Act (Hereinafter referred to as "the said Act") on 21st March, 1996 and 30th March, 1997 respectively in the Gazette. The possession of the said lands has been taken on 20th February, 1996 by applying urgency clause. An Award in respect of the acquired land under Section 11 of the Act was passed on 08.01.2000, wherein the S.L.A.O. determined the market value of the land at the rate of Rs. 470/- per Are for Jirayat land and at the rate of Rs. 15/- per Are for pot kharab land. The compensation was received by the respective respondents under protest. So Land Reference was made before the Reference Court at Ambajogai. The Reference Court enhanced the rate of compensation and hence these appeals. 3. The learned Counsel appearing on both the sides 5 fa2006.11 draw my attention to the judgment dated 22nd July, 2011 passed by this Court while deciding other connected appeals. Perused the said judgment. The land acquired in those appeals and in these three appears are from village Jawalgaon, Tq. Ambajogai, Dist. Beed and purpose of acquisition of all the lands is same i.e. for construction of Murambi Minor Irrigation Tank, Jawalgaon and Poos, Tq. Ambajogai, Dist. Beed. It appears from the record that the date of notification under Section 4 of the Act is same i.e. 21st March, 1996 and the date of taking possession of the land is also same i.e. 20th February, 1996. For all the lands the S.L.A.O. has awarded compensation of Rs. 470/- per Are for Jirayat land and Rs. 15/- per Are for pot kharab. While deciding the connected appeals, it is held by the Court that the Reference Court has considered the sale instances and has rightly enhanced the rate of compensation. In those appeals, the rate of compensation was fixed at Rs. 860/- per Are for Jirayat land, however, the appeals in hand the rate of compensation for Jirayat land per Are is fixed Rs. 940 and Rs. 100/- per Are for pot kharab land. 4. Perused the order passed by the Reference Court. The Reference Court has considered the sale instances in respect of the land acquired in these appeals. While fixing the price, the Reference Court has considered the potentiality and fertility of the 6 fa2006.11 land and it appears that the Reference Court have given 50% allowance on consideration of negative factors and fixed the value of the property at the rate of Rs. 940/- per Are for Jirayat land. The S.L.A.O. had granted Rs. 470/- per Are so the Reference Court has doubled the amount then the amount granted by the S.L.A.O. in all these appeals. The view taken by the Reference Court in fixing the rate at Rs. 940/- per Are is found moderate and reasonable. Hence, the order passed by the Reference Court is hereby confirmed. 5. By order dated 2nd July, 2011, this Court has confirmed the order of the Reference Court in all the connected appeals. The learned Counsel appearing for the appellants and also the respondent-original claimant have fairly relied on the said judgment and have agreed that in the same manner these appeals are required to be decided. 6. In the result, all the appeals are dismissed. No order as to cost. The pending Civil Applications do not survive and dismissed. (SMT. MRIDULA BHATKAR) JUDGE ga s/fa2006.11