fast24633.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 24633 OF 2008 The State of Maharashtra & another .. APPELLANTS VERSUS Bai Pandurang Babalsure .. RESPONDENT Mr. T.S. Londhe, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 7 th JUNE, 2011 PER COURT : 1 Appellant / State is raising exception to the judgment and award passed the Jt. Civil Judge, Sr.Dn., Omerga in Land Acquisition Reference no. 329/2005 decided on 4-4-2008. 2 Agricultural land admeasuring 79 R belonging to the respondent / original claimant came to be acquired by the State Government for rehabilitation of the project affected persons. The Land Acquisition Officer awarded compensation at the rate of Rs.13132/- per acre whereas reference court has determined valuation of the acquired property at the rate of fast24633.08 2 Rs.50,000/- per acre. 3 I have perused the judgment and award passed by the reference court. Claimant has placed on record sale instance in respect of residential plot in the near vicinity of the acquired property which has been sold at the rate of Rs.8.51 per sq. ft. Reference court after considering all the relevant aspects and treating the acquired property as agricultural land, determined valuation of the property at Rs.50,000/- per acre. The view adopted by the reference court is reasonable and proper. Considering the meager amount of enhancement directed by the reference court, no interference is called for in the instant appeal. Appeal is devoid of substance hence stands dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb fast24633.08 3 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 1331 OF 2008 IN FIRST APPEAL ST NO. 24633 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 : 7 th JUNE, 2011 1 This is an application seeking condonation of delay of 138 days occurred in presenting the first appeal. 2 Heard Mr. T.S. Londhe, learned AGP for the State. None appears for respondent. For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 138 days occurred in presenting the appeal stands condoned. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb