1 F.A.st.8578.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 8578 OF 2010 The State of Maharashtra and another ...APPELLANTS. VERSUS 1. Sushilabai Ashruba Naikwade and another. ...RESPONDENTS. ... Shri. S.N.Kendre, A.G.P. for Appellant-State ... CORAM: R.M.BORDE, J. DATE : 27TH JULY, 2011. PER COURT : 1. This appeal is presented by appellant-State raising exception to the Judgment and Award passed by 5th Ad-hoc Additional District Judge Beed, on 30.11.2004, in Land Acquisition Reference NO. 351 of 1999. 2. Agricultural land belonging to claimants ad measuring 00.88 R out of land Survey No. 88 of village Wadhwana Tq. and District Beed came to be acquired by the State for Dokewadi Medium Project murum Quarry. Notification Under Section 4 of the Land Acquisition Act was issued on 11.03.1993 and after following procedure prescribed in the Land 2 F.A.st.8578.10 Acquisition Act, Land Acquisition Officer passed award on 20.12.1996. The Special Land Acquisition Officer offered compensation in respect of acquired lands at the rate of Rs. 190/- per R. 3. The claimants-respondents herein being dissatisfied with judgment and award tendered application seeking reference of the mater to the Civil Court for determination of the market value of the acquired land. The claimants claimed compensation at the rate of Rs. 30,000/- per acre i.e. Rs. 750/- per R. 4. In order to substantiate their claim, claimants placed reliance on the oral evidence of claimants, as well as other witnesses to prove the sale transactions. The claimants also placed on record the documentary evidence in the form of comparable sale instances. Sale transaction at Exh. 20 is sale deed in respect of land admeasuring of 1 Acre from land Survey No. 99AA, which has been sold for consideration of Rs. 40,000/- on 23.05.1989. P.W.2 is witness, who has proved the said sale transaction. P.W.3 Sahebrao Namdeo Kate has proved the sale deed at Exh.23 dated 02.04.1992; The area to the extent of 21 R have been sold by the witness on 02.04.1992 for consideration of Rs. 23,500/-. The sale instances placed on record show that market price of the agricultural land at the relevant 3 F.A.st.8578.10 time was Rs.1000/- Per R. Considering the evidence placed on record, the Reference Court reached to the conclusion that market price of the acquired land shall be at the rate of Rs. 550/- Per R. On consideration of evidence placed on record by the claimants in the form of comparable sale deed and considering various beneficial aspects acrurable to vendee, the Reference Court scale down the amount, by 50% and was pleased to prescribed the market value of the land under acquisition at the rate of Rs. 550/- per R. 5. I have perused the judgment and award passed by the Reference Court and also copies of the evidence made available by learned AGP appearing for the State while arguing the matter. Considering the relevant circumstances, I am of the view that Reference Court has adopted reasonable approach in the matter and moreover amount of compensation directed to be paid in respect of acquired land is quite meager. In this view of the matter, the First Appeal being devoid of merit, stands dismissed. Sd/- [ R.M.BORDE, J. ] MTK 4 F.A.st.8578.10