{1} fast2386509.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.23865 OF 2009 The State of Maharashtra and another Appellants Versus Sadashiv Ganpati Panchal Respondent WITH FIRST APPEAL ST.NO.23870 OF 2009 The State of Maharashtra and another Appellants Versus Radhabai Nagorao Gite Respondent WITH FIRST APPEAL ST.NO.23861 OF 2009 The State of Maharashtra and another Appellants Versus Govind Sainaji Kamble (died) through L.Rs.: Sambhaji Govind Kamble and others Respondents WITH FIRST APPEAL ST.NO.23939 OF 2009 The State of Maharashtra {2} fast2386509.odt and another Appellants Versus Dattatray Devrao Dalwe Respondent WITH FIRST APPEAL ST.NO.23611 OF 2009 The State of Maharashtra and another Appellants Versus Vishwanath Pundlik Indrale Respondent Mr.K.S.Patil, A.G.P. for appellants. CORAM : R.M.BORDE, J. DATE : 15 th June, 2011 PER COURT: 1 These are appeals presented by the State Government raising exception to the common judgment and award dated 26.04.2007, passed by Joint Civil Judge, Senior Division, Ahmedpur in 5 Reference Applications. 2 The agricultural lands belonging to Respondents-original claimants were acquired for the construction of percolation tank No.2 at Kekatsindgi. The notification under Section 4 was issued on 21.11.2002 and after following procedure prescribed under the Land Acquisition Act, award came to be passed on 27.02.2004. The Land Acquisition Officer, {3} fast2386509.odt who passed the award, offered market price of the acquired lands @ Rs. 455/- per are. 3 The claimants, being dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making Reference of the matter to the Civil Court for determination of proper market value of the acquired land. The claimants claimed compensation at the rate of Rs.40,000/- per acre i.e. Rs.1,00,000/- per hectare. The Reference Court, on considering the evidence placed on record by the claimants, determined market price of acquired land @ Rs.36,400/- per acre. 4 I have perused the judgment and award passed by the Reference Court and heard arguments advanced by learned A.G.P. for appellants-State. 5 The claimants, in order to substantiate their case, apart from leading oral evidence, also placed on record evidence in the form of comparable sale instance. One Uttam Motiram Kendre purchased land to the extent of 28 ares from one Bhanudas Kendre out of land G.No.136, situate at village Kekatsindgi. The purchase of land by Uttam is prior to issuance of Section 4 notification. The purchaser of land under sale instance at Exhibit-21 – Uttam Kendre has been examined by claimants, who has deposed about the quality and fertility of the land under sale instance as well as land acquired by the State. It has been deposed by him that there is only one survey number situate in between the land purchased by him and the lands of the claimants acquired by the State. Copy of the sale instance placed on record at Exhibit-21 has been duly proved by examining said Uttam Kendre, which is relied upon by the {4} fast2386509.odt Reference Court for arriving at market value of the acquired land. 6 Considering the evidence placed on record, the Reference Court determined the value of the acquired land at the rate of Rs. 36,400/- per acre. The view adopted by the Reference Court is reasonable and proper. The enhancement in the amount of compensation awarded by the Reference Court is quite moderate. Apart from this aspect, the acquired property comprises of small pieces of land and in view of the enhancement awarded by the Reference Court, the claimants are held entitled to receive paltry sum. Considering all these circumstances, I am of the considered view that no interference is called for in these appeals. Appeals are devoid of substance. 7 Hence, all these appeals stand rejected. Pending Civil Applications do not survive and stand disposed of. R.M.BORDE adb/ca13071.09 JUDGE