fast14459.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 14459 OF 2009 The State of Maharashtra ...Appellant Versus Ramkisan Girdhari Lonkar and others ...Respondents WITH FIRST APPEAL (ST.) NO. 14353 OF 2009 FIRST APPEAL (ST.) NO. 14465 OF 2009 FIRST APPEAL (ST.) NO. 14462 OF 2009 FIRST APPEAL (ST.) NO. 14455 OF 2009 ..... Mr. N.R. Shaikh, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Shaikh, 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 IInd Adhoc District Judge, Beed on 02.12.2006, whereby the Reference Court directed enhancement in the amount of compensation to the claimants-respondents herein in respect of their acquired agricultural properties. fast14459.09 -2- 3 The agricultural lands belonging to the respondents original claimants came to be acquired by the State government for construction of village tank at village Nipani Jawalka, Tq. Georai. Notification under Section 4 of the Act was issued on 31.10.2002. The Land Acquisition Officer, after following procedure prescribed under the Act passed an award on 17.8.2004 and determined the value of the acquired property at Rs.490/-, Rs.570/- and Rs.625/- per R on the basis of land revenue assessment. The claimants being dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making reference to the Civil Court for the purpose of determining proper market value of the acquired property. The claimants claimed compensation at Rs.2500/- per R. 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.1400/- per R 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, in order to substantiate their contentions had placed reliance on comparable sale instances produced on record at Exh.13, 14 and 16. The sale instances, which fast14459.09 -3- are pre-notification sales show market price in the vicinity at Rs.2200/- per R, Rs.3625/- per R and Rs.1429/- per R. Although the sale instances placed on record pertain to small pieces of lands, the agricultural lands acquired by the State also compromises small pieces. The sale instances placed on record are therefore, relevant in determining the market value of acquired property. The Reference Court after considering the relevant sale instances has determined the market value of land at Rs.1400/- per R. The view adopted by the Reference Court cannot be said to be irrational. The reasons recorded by the Reference Court appear to be reasonable and enhancement in the amount of compensation that has been directed is quite moderate. In this view of the matter, 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/