33-FA-951-09.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 33 FIRST APPEAL NO. 951 OF 2009 Godawari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer, Latur Medium Project, Division Latur. VERSUS The State Of Maharashtra And Others AND FA/1376/2009 AND FA/941/2009 AND FA/943/2009 AND FA/947/2009 AND FA/949/2009 AND FA/948/2009 AND FA/940/2009 AND FA/952/2009 AND FA/938/2009 AND FA/942/2009 AND FA/945/2009 AND FA/944/2009 AND FA/946/2009 AND FA/950/2009 AND FA/939/2009 ...... Mr. B.R. Survase, Advocate for the Appellant-acquiring body in all FAs Mr. A.M. Phule, AGP for Respondent No.1 in all FAs ...... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 14 AUGUST, 2026 PER COURT : 1. FA/1376/2009, FA/941/2009, FA/943/2009, FA/974/2009, FA/949/2009, FA/948/2009, FA/940/2009, FA/952/2009, FA/938/2009, FA/942/2009, FA/945/2009, FA/944/2009, FA/946/2009, FA/950/2009, FA/939/2009 are not on board. Upon mentioning, the same is taken on board. 2. Heard the learned counsel for the respective parties. 3. By the present appeals, the appellant-acquiring body challenges the common impugned Judgment and Award dated 27.04.2007 passed by the learned Civil Judge, Senior Division, Latur in LAR Nos. 670/2000, 2026:BHC-AUG:38158 33-FA-951-09.odt 2 658/2000, 223/2000, 224/2000, 659/2000, 660/2000, 661/2000, 662/2000, 663/2000, 664/2000, 665/2000, 666/2000, 670/2000, 872/2000, 170/2003, 171/2003, whereby the learned Reference Court enhanced the market value of the acquired land to Rs.1,50,000/- per Acre for semi-irrigated lands and Rs.2,00,000/- per Acre for irrigated lands. 4. The land belonging to the claimants was acquired for the Rena Medium Project, Taluka Renapur, District Latur. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”), was published on 14.03.1996. The Special Land Acquisition Officer passed the award under Section 11 of the Act on 22.03.1999 and awarded compensation at the rate of Rs.24,000/- per acre for dry lands. The claimants accepted the said compensation under protest, reserving their right to claim enhanced compensation. Being dissatisfied with the award, the claimants preferred the aforesaid LARs under Section 18 of the Act. 5. The learned Reference Court, by relying upon the sale instances at Exhibits 42, 48 and 44, determined the market value and granted enhanced compensation at the rate of Rs.1,50,000/- per Acre for semi-irrigated lands and Rs.2,00,000/- per Acre for irrigated lands. Being dissatisfied with the quantum of compensation so awarded, the appellant-acquiring body has preferred the present appeals. 33-FA-951-09.odt 3 6. Learned counsel for the appellant-acquiring body submits that the learned Reference Court has granted excessive compensation by relying upon the sale instances which were not comparable with the acquired lands. It is submitted that the enhancement granted by the learned Reference Court is unwarranted and, therefore, the impugned Judgment and Award deserves to be set aside. 7. After having heard the learned counsel for the respective parties, I have gone through the impugned Judgment and Award as well as the Record and Proceedings. 8. It appears that the learned Reference Court has relied upon the sale instance dated 08.02.1993, whereby 2 Acres of land was sold for a consideration of Rs.1,60,000/-. The said sale instance pertains to dry land. In the present case, the notification under Section 4 of the Act was published on 14.03.1996. The learned Reference Court has also considered the 7/12 extracts and the sale instances at Exhibits 42, 48 and 44 and, upon consideration of the evidence on record, determined the market value at the rate of Rs.1,50,000/- per Acre for semi-irrigated lands and Rs.2,00,000/- per Acre for irrigated lands. 9. Considering the aforesaid material on record, I find that the learned Reference Court has properly appreciated the evidence on record and has rightly determined the market value of the acquired lands. The enhanced 33-FA-951-09.odt 4 compensation is slightly more than four times the amount awarded by the Special Land Acquisition Officer. In the facts and circumstances of the case, the compensation awarded by the learned Reference Court cannot be said to be excessive or exorbitant. 10. Therefore, I find no reason to interfere with the impugned Judgment and Award. No case is made out for entertaining the present appeals. Hence, the appeals deserve to be dismissed. 11. The First Appeals are dismissed. 12. Pending Civil Applications, if any, also stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane