fast24793.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 24793 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Sambha s/o Santu Kshirsagar .. RESPONDENT WITH FIRST APPEAL ST. NO. 24640 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Indar s/o Sadashiv Sakhae .. RESPONDENT WITH FIRST APPEAL ST. NO. 24796 OF 2010 The State of Maharashtra & another .. APPELLANT VERSUS Hanumant Goroba Mane .. RESPONDENT fast24793.10 2 WITH FIRST APPEAL ST. NO. 24790 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Bhandudas s/o Sadashiv Sakhare .. RESPONDENT Mr. S.N. Kendre, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 2 nd September, 2011. PER COURT : 1 These are the appeals presented by the State raising exception to the judgment and award passed by the Jt. Civil Judge, Sr.Dn., Osmanabad in LAR No. 67/2000 and other three companion reference applications decided on 11-3-2008. 2 Agricultural lands belonging to the claimants came to be acquired for submergence of minor tank at village Nitali, Tq. Osmanabad. Notification under section 4 of the Land Acquisition Act came to be issued on 6-10-1994 and, after following the procedure prescribed under the Act, award came to be passed by the Land Acquisition Officer. Claimants were informed to fast24793.10 3 receive the amount of compensation by issuing notification under section 12(2) of the Act on 14-3-1998. Claimants being dis-satisfied with the award of compensation, tendered separate applications seeking reference of the matter to the civil court. Claimants claim compensation at the rate of Rs.80,000/- per acre and also claim enhanced amount for structures, pipe line, well, trees etc. Reference court, however, has considered the claim of the claimants in respect of enhancement in the amount of compensation payable towards acquisition of the lands and has not awarded any enhancement towards the structure, pipe line, well, trees etc. 3 In order to substantiate their claim, claimants placed reliance on evidence in the form of comparable sale instances as well as examined two witnesses. Sale instance dated 31-3-1993 is in respect of alienation of 85 R land which has been sold for consideration of Rs. 1,00,000/- whereas another sale instance is in respect of alienation of 99 R land out of block no. 63 which has been sold for consideration of Rs. 1,50,000/- on 9-10-1992. Both the sale instances placed on record are pre-notification sale and as such relevant for determining market price of the acquired lands. Apart from these sale instances, claimants have also placed reliance on certified copies of judgment delivered by the reference court in respect of acquisition of lands fast24793.10 4 from the same village and in similar circumstances, which are at exh. 44 to 46. Considering the evidence placed on record, reference court awarded payment of compensation in respect of acquired lands at Rs. 30,000/- per acre. 4 I have perused the judgment and award passed by the reference court and heard arguments advanced by learned AGP. Learned AGP has also referred to the documentary and oral evidence, copies of which were made available for perusal at the time of hearing of the appeals. For the reasons recorded above, I am of the view that the appeals presented by the State do not deserve any consideration and thus stand dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb