fast24815.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL STAMP NO.:24815 OF 2010 The State Of Maharashtra and Others VERSUS Mankabai Hariba Jadhav *** Mr. T.S. Lodhe, AGP for the State. *** CORAM : R.M. BORDE, J. DATE : July 21, 2011 PER COURT: 1 This is an appeal preferred by the State raising exception to the judgment and award passed in LAR no. 407/1998 decided on 11-6-2007. 2 Agricultural land to the extent of 4 H and 21 R out of survey no. 672/2 belonging to the respondent / claimant came to be acquired for construction of percolation tank at village Wadachiwadi, Tq. Bhoom, Dist. Osmanabad. Notification under section 4 of the Land Acquisition Act was published on 11-3-1993. The Land Acquisition Officer, after following the fast24815.10 2 procedure prescribed under the Act passed award on 21-11-1996 and offered compensation to the claimant at the rate of Rs.12,500/- per acre. Being dis-satisfied with the inadequate amount of compensation offered by the Land Acquisition Officer, claimant tendered application seeking reference of the matter to the civil court for determination of market vlaue of the acquired land. Claimant claim compensation at the rate of Rs. 40,000/- per acre which, according to the claimant, is the market price. 3 In order to substantiate his claim, claimant has placed reliance on the sale instance dated 4-3-1992. Said sale instance is in respect of 11 R land which has been sold for consideration of Rs. 7,000/-. Claimant also places reliance on the judgment and award of the reference court placed on record at exh. 23 under which the reference court has offered compensation in respect of land covered by same notification at the rate of Rs. 15,000/- per acre. Considering the evidence placed on record, reference court directed payment of enhanced amount of compensation at Rs. 15,000/- per acre. 4 On perusal of judgment and award passed by the reference court and also copies of evidence made available by the learned AGP while fast24815.10 3 arguing the matter, I do not find any error committed by the court in determination of amount. Reference court has directed to pay a very reasonable amount towards enhanced compensation in respect of acquired land. Considering the facts and circumstances of the case, I do not deem it necessary to cause interference in the appeal. Appeal is devoid of substance hence stands dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. [ R.M. BORDE, J. ] dyb