1 CA No.11315 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD First Appeal Stamp No.21266 Of 2010 With Civil Application No.11316 Of 2010 The State of Maharashtra Through the Collector, Osmanabad. .. Appellant. Versus Hariba Zumbar Jadhav & Others. .. Respondents. -------- Shri. T.S. Lodhe, Assistant Government Pleader, for appellant. -------- CORAM: R.M. BORDE, J. DATE: 3rd AUGUST 2011 PER COURT : 1) This is an appeal preferred by the State raising exception to the judgment and award passed in Land Acquisition Reference No.407 of 1991 decided by the Civil Judge, Senior Division, Osmanabad on 29-1-2010. An agricultural land admeasuring 1 hectare and 90 R out of Survey No.161/1 of village Mangrul has been acquired for construction of percolation tank at village Mangrul. Notification under section 4 of the Land Acquisition Act was issued on 21-4-1988. After observing the prescribed procedure under the Land Acquisition Act, the award was passed thereby entitling the 2 CA No.11315 of 2010 claimants to receive compensation at the rate of Rs.14000 per hectare i.e. at Rs.140 per R. 2) The claimants, being dissatisfied with the offer of compensation made by the Land Acquisition Officer, tendered application seeking reference of the matter to the Civil Court. In order to substantiate their contention, the claimants have placed reliance on the oral as well as documentary evidence in the shape of copies of comparable sale instances. One of the sale instances at Exhibit 54 is a post notification sale instance and hence the same was not considered by the Reference Court for determination of the market price. The sale instance Exhibit 49 dated 20-7-1984 has been proved by Witness No.2 - Ugrasen, who has deposed that an area to the extent of 81 R seasonally irrigated land has been sold for a consideration of Rs.40,000 on 20-7-1984. The Reference Court has determined 10% increase for the three years preceding the notification and arrived at a conclusion that the market value of the acquired property on the basis of sale instances shall be Rs.26,000/- per acre. The learned Judge also further observed that the seasonal irrigated land fetches 75% value of annual irrigated land and the dry crop land fetches half of the value of annual irrigated land and arrived at conclusion that the market value of the acquired land should be at Rs.19500/- per acre. The judgment 3 CA No.11315 of 2010 and award of the reference Court appears to be reasonable and proper. 3) I have perused the judgment and award and heard arguments advanced by the Assistant Government Pleader appearing for the State. The learned Assistant Government Pleader also has referred to the copies of evidence produced before the reference Court to substantiate his contentions. I am of the view that the enhancement in amount of compensation offered by the Reference Court is quite moderate and considering the facts and circumstances, the appeal presented by the State does not deserve favouable consideration. The appeal, therefore, stands dismissed. 4) Civil Application No. 11316 of 2010 for stay does not survive. It stands disposed of. Sd/- (R.M. BORDE, J.) rsl