1 FA st.No.27981/2009& Ors. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.27981/2009 with CA No. 7169/2010 1) The State of Maharashtra Through Collector, Jalna and Ors. - APPELLANTS VERSUS 1) Gangadhar s/o Kishanrao Golde and Anr. - RESPONDENTS WITH FIRST APPEAL ST.NO.27961/2009 with CA No. 7171/2010 1) The State of Maharashtra Through Collector, Jalna and Ors. - APPELLANTS VERSUS 1) Karbhari s/o Kruba Shinde - RESPONDENT WITH FIRST APPEAL ST.NO.27985/2009 with CA No. 7173/2010 1) The State of Maharashtra Through Collector, Jalna and Ors. - APPELLANTS VERSUS 1) Dasa s/o Pandharinath Katkar - RESPONDENT WITH 2 FA st.No.27981/2009& Ors. FIRST APPEAL ST.NO.28000/2009 with CA No. 7175/2010 1) The State of Maharashtra Through Collector, Jalna and Ors. - APPELLANTS VERSUS 1) Rangnath s/o Kishanrao Golde and Ors. - RESPONDENT WITH FIRST APPEAL ST.NO.28011/2009 with CA No. 7176/2010 1) The State of Maharashtra Through Collector, Jalna and Ors. - APPELLANTS VERSUS 1) Sheshrao s/o Thakaji Waghmare. - RESPONDENT ***** Mr.TS Londhe, AGP for Appellants/State. ----- CORAM : R.M.BORDE, J. DATE : 29th July, 2011. PER COURT : 1) These are the appeals presented by the State, raising exception to the judgment and Award passed by the Ad hoc District Judge-3, Jalna on 31.7.2007 in LAR No.404/1997 and four other companion LARs applications. 3 FA st.No.27981/2009& Ors. 2) The agricultural lands belonging to the claimants situated at village Revgaon, Tq. And District Jalna, came to be acquired for Waki Minor irrigation project. A notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) was issued on 1.2.1996 and after following procedure prescribed under the Land Acquisition Act, an Award came to be passed on 1.7.1997. The Special Land Acquisition Officer offered compensation @ Rs.460/- per R. in respect of the acquired agricultural lands. The claimants, being dissatisfied with the offered compensation by the SLAO, presented separate applications, seeking reference of the matter to the civil court for determination of market value of the acquired land. The claimants claimed compensation @ Rs.1500/- per R. In order to substantiate their claims, the claimants have placed reliance on the oral as well as documentary evidence. The documentary evidence consists of comparable sale instances in respect of the agricultural lands situated in the vicinity of the acquired lands. The claimants placed on record the copies of the sale-instances at Exhibits-23 to 27. Exhibits 24 to 26 are the sale-instances in respect of the irrigated lands situated at village Revgaon Bathan and Dudhana Kalegaon respectively. The sale-instance at Exhibit-24 in respect of the property situated at 4 FA st.No.27981/2009& Ors. village Revgaon is concerning sale of agricultural land to the extent of 40 R. land for a consideration of Rs.40,000/- @ Rs.1,000/- per R. The sale-instance at Exhibit-24 pertains to the property which is in close proximity of the acquired lands. The Reference court, after application of certain guess work, reached to the conclusion that the proper market value of the acquired lands shall be @ Rs.700/- per R. It was also observed by the Reference Court that the acquired lands are of rich quality and having high fertility. There was also provision made for irrigating the lands by the concerned agriculturists. Taking into consideration all the relevant circumstances, the Reference Court reached to the conclusion in respect of the market value of the acquired lands. On perusal of the judgment of the Reference Court and on hearing the arguments advanced by learned AGP appearing for the State, in my opinion, the view adopted by the Reference court is reasonable and proper. The enhancement in compensation that has been directed by the Reference Court is quite moderate. It is also to be noted that the learned AGP, while arguing the appeal has also made available the copies of the relevant record, which were placed before the Reference Court by the respective claimants for substantiating their claims. 5 FA st.No.27981/2009& Ors. 3) For the reasons recorded above, I am of the view that no interference is called for in these appeals. The appeals are devoid of substance and hence stand dismissed. 4) In view of dismissal of the appeals, Civil Applications for stay do not survive they are disposed of. 5) The Appellant is entitled to claim for refund of court fees as per the Rules. (R.M.BORDE,J.) bdv/