fast14158.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 14158 OF 2009 The State of Maharashtra ...Appellant Versus Shahaji Ram Bhad and another ...Respondents WITH FIRST APPEAL (ST.) NO. 14166 OF 2009 FIRST APPEAL (ST.) NO. 14164 OF 2009 FIRST APPEAL (ST.) NO. 14161 OF 2009 FIRST APPEAL (ST.) NO. 14121 OF 2009 ..... Mr. T.S. Lodhe, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Lodhe, learned AGP for the appellants. 2 These are the appeals presented by the State of Maharashtra raising exception to the judgment and award passed by the learned IVth Adhoc Additonal District Judge, Beed on 19.11.2005, whereby the Reference Court directed the payment of enhanced amount of compensation to the claimants-respondents herein. fast14158.09 -2- 3 The agricultural lands belonging to the respective claimants came to be acquired for the purpose of construction of percolation tank at village Morgaon, Tq. and District Beed. The Land Acquisition Officer after following the procedure prescribed under the Act passed an award and determined the value of the acquired property ranging from Rs.125/- to Rs.160/- per Are. The claimants dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making reference to the Civil Court for the purpose of determining the proper market value of the acquired property. The Reference Court after receiving the evidence led by the respective claimants came to the conclusion that the proper market value of the acquired lands shall be Rs.600/- per Are and directed the payment of enhanced compensation accordingly. 4 I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by learned AGP for the appellant-State. The claimants placed reliance on comparative sale instances produced at Exh.42 to 47 to substantiate their contentions in respect of proper market value of the property. The lands covered by the sale instances were sold at the rate ranging from Rs.1042/- to 1207/- per Are. The lands covered by the sale instances are situate within the close proximity of the lands acquired. The Reference Court considered the evidence in the form of fast14158.09 -3- comparable sale instances and came to the conclusion that the proper market value of the acquired lands shall not be less than Rs.600/- per Are. The view adopted by the Reference Court appears to be reasonable and proper. In my opinion, the enhancement in the amount of compensation payable to the claimants that has been directed is quite moderate. No interference is called for in the appeals. The appeals presented by the State Government are devoid of substance and same stand dismissed accordingly. ( R.M. BORDE. J.) rlj/