fast10459.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 10459 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Rajkumar s/o Ramchandra Mule & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 10456 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Annasaheb s/o Dhondiba Patil ( Deceased through LRs) .. RESPONDENTS WITH FIRST APPEAL ST. NO. 10475 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Babu s/o Gopal Yelmate .. RESPONDENT fast10459.09 2 WITH FIRST APPEAL ST. NO. 10478 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Venkat so Nagnath Yelmate .. RESPONDENT WITH FIRST APPEAL ST. NO. 10486 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Trimbak s/o Gopal Yelmate .. RESPONDENT WITH FIRST APPEAL ST. NO. 10481 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Shriram s/o Sangram Yelmate .. RESPONDENT fast10459.09 3 WITH FIRST APPEAL ST. NO. 10451 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Trimbak Gopal Yelmate & another .. RESPONDENTS WITH FIRST APPEAL ST. NO. 10466 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Smt. Kalubai w/o Shripati Kanwate .. RESPONDENT WITH FIRST APPEAL ST. NO. 10470 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Pandhari s/o Bhimrao Mule .. RESPONDENT fast10459.09 4 WITH FIRST APPEAL ST. NO. 10492 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Devidas s/o Bhanudas Rachmale .. RESPONDENT WITH FIRST APPEAL ST. NO. 10463 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Sou. Kusumbai w/o Kashinath Mule .. RESPONDENT Mr. T.S. Londhe, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 The State of Maharashtra is raising exception to the judgment and award passed in LAR No. 978/2001 and other companion reference applications decided by the Jt. Civil Judge, Sr.Dn., Ahmedpur on 18-2-2005. fast10459.09 5 2 Agricultural lands belonging to the respondents / original claimants came to be acquired for construction of percolation tank at village Waigaon, TQ. Ahmedpur. The Land Acquisition Officer, after following the procedure prescribed under the Land Acquisition Act, passed an award and determined compensation payable to the claimants at the rate of Rs.10400/- per Acre. The claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered applications seeking reference to the civil court for proper determination of market value of the acquired property. Claimants have placed reliance on sale instances at exh. 17 and 8 which according to the claimants are comparable for determination of value of the acquired property. Sale instance at exh. 17 is of the year 1994 and the property is sold at Rs. 47,000/- per acre whereas another sale instance at exh. 18 pertains to the year 1989 and the land is sold at Rs. 45,000/- per acre. The lands covered by the sale instances are situate at about 200 to 250 ft. from the acquired property. Reference court found that the sale instances at exh. 17 and 18 can be taken into consideration for fixing market value of the acquired property. Reference court, after taking into consideration all relevant aspects determined market value of the acquired property at Rs. 26,000/- per acre and directed payment of enhanced compensation to the claimants accordingly. fast10459.09 6 3 I have perused the judgment and award passed by the reference court. Reference court has taken a reasonable view of the matter and has directed moderate enhancement in the amount of compensation payable to the claimants. In this view of the matter, no interference is called for in the instant 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 fast10459.09 7 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 6085 OF 2009 WITH CIVIL APPLIATION NO. 6087 OF 2009 WITH CIVIL APPLICATION NO. 6089 OF 2009 WITH CIVIL APPLICATION NO. 6096 OF 2009 WITH CIVIL APPLICATION NO. 6098 OF 2009 WITH CIVIL APPLICATION NO. 6102 OF 2009 WITH CIVIL APPLICATION NO. 6104 OF 2009 WITH CIVIL APPLICATION NO. 6106 OF 2009 WITH CIVIL APPLICATION NO. 6108 OF 2009 AND CIVIL APPLICATION NO. 6110 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 1450 days fast10459.09 8 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 1450 days occurred in presenting the first appeals stands condoned. Civil applications stand disposed of. ( R.M. BORDE) JUDGE dyb