( 1 ) fast30977.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO.:30977 OF 2010 WITH CIVIL APPLICATION NO.:16111 OF 2010 The State Of Maharashtra And Anr VERSUS Goroba Sidram Chauhan WITH FIRST APPEAL STAMP NO.:30916 OF 2010 WITH CIVIL APPLICATION NO.:16113 OF 2010 The State Of Maharashtra And Anr VERSUS Venkat Gunda Chavan WITH FIRST APPEAL STAMP NO.:30981 OF 2010 WITH CIVIL APPLICATION NO.:16115 OF 2010 The State Of Maharashtra And Anr VERSUS Surybhan Gangaram Chauhan Mr. S.N. Kendre, A.G.P. for the appellant/State. CORAM : R.M. BORDE, J. DATED : 01.08.2011 ( 2 ) fast30977.10 P.C. :- 1. These are the appeals presented by the State raising exception to the judgment and award passed in Land Acquisition Reference No. 926 of 2000 along with other companion Reference Applications, on 02.02.2009. 2. The agricultural lands belonging to the claimants situated at village Tungi, Tal. Ausa, acquired for the purpose of rehabilitation of project affected persons. The Notification under Section 4 of the Land Acquisition Act was issued on 27.08.1994. The Land Acquisition Officer passed award and offered compensation at the rate of Rs.230/-per R. The claimants being dissatisfied with the offer of compensation by the Land Acquisition Officer, preferred separate application seeking reference of the matter to the Civil Court for determination of the market value of the acquired land. The claimants claimed compensation at the rate of Rs. 50,000/- per acre for Bagayat land. 3. In order to substantiate their claim, the claimants ( 3 ) fast30977.10 led oral as well as documentary evidence. The documentary evidence consists of comparable sale instance in respect of sale transaction from the same village. Exh.17 is sale-deed executed by one Raghunath Tukaram Suryawanshi in favour of Digamber Devba Suryawanshi in respect of Survey No.12/K, admeasuring 20 Gunthas situated at Tungi Khurd, for consideration of Rs. 16,000/-. The date of sale is of 1993 i.e. prior to the issuance of Notification under Section 4 of the Land Acquisitioin Act. It was deposed before the Court that the land Covered by sale instance is just adjacent to the acquired land. Reliance is also placed on judgment in the matter of L.A.R. No. 1061 of 1999 (Exh.18) delivered by the III Adhoc Additional District Judge, Latur, where-under the Reference Court awarded compensation at the rate of Rs. 500/- to Rs. 600/- per R in respect of lands in same village in the year 1992. 4. In the instant matter, notification under Section 4 of the Act was issued in the year 1994 and therefore considering 10% allowance per year for acceleration in the value of land so also on consideration of sale instance ( 4 ) fast30977.10 placed on record, the Reference Court arrived at conclusion that fair market price of the acquired land shall be Rs. 700/-per R i.e. Rs.28,000/- per acre. On perusal of the judgment and award passed by the Reference Court and on scrutiny of the evidence, copies of which were made available by the learned A.G.P.,while arguing the appeals, I am convinced that the view taken by the Reference Court is quite reasonable and proper. The amount of compensation awarded by the Reference Court by way of enhancement is quite moderate. 5. For the reasons recorded above, the appeals presented by the State do not deserve favourable consideration and hence stand dismissed. 6. All pending Civil Applications stand disposed of. [R.M. BORDE, J.] snk/2011/AUG11/fast30977.10