1 FAST 18875 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD First Appeal Stamp No.18875 Of 2010 With Civil Application No.10125 Of 2010 The State of Maharashtra Through Collector, Osmanabad And Others. .. Appellants. Versus Bhojappa Sambhu Kapse Died his legal representatives: Satappa Bhojappa Kapase & Others. .. Respondents. -------- Shri. S.N. Kendre, Assistant Government Pleader, for the applicants. -------- 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.571 of 2003 decided by the Civil Judge, Senior Division, Osmanabad on 22-7-2009. Agricultural land out of Survey No.14 admeasuring 10 hectares and 25 R situate at village Mangrul came to be acquired by the State for Minor Irrigation Project. Notification under section 4 of the Land Acquisition Act was issued on 1-2-1990 and after following 2 FAST 18875 of 2010 the prescribed procedure of the Land Acquisition Act award came to be passed thereby offering compensation at the rate of Rs.9,500/- per hectare in respect of the acquired land. The claimants being dissatisfied with the award passed by the Land Acquisition Officer, tendered an application seeking reference of the matter to the Civil Court for determination of market value of the acquired land. The claimants claimed compensation at the rate of Rs.25,000/- per acre. In order to substantiate their claim, the claimants have led oral as well as documentary evidence. The documentary evidence consists of certified copies of comparable sale instances. One of the sale instances at Exhibit 28 is in respect of land situate at a distance of half kilometer from the acquired land. This sale instance shows the price of the land sold of Rs.25,000/- per acre. Considering the evidence led by the claimants as well as on consideration of the sale instances placed on record, the Reference Court came to the conclusion that the proper market value of the acquired land shall be Rs.25,000/- per acre. 2) I have perused the judgment and award passed by the Reference Court. Heard arguments of Shri. Kendre, learned Assistant Government Pleader, appearing for the State. Shri. Kendre, learned Assistant Government Pleader also referred to the evidence led by the claimants, copies of which were made 3 FAST 18875 of 2010 available by learned Assistant Government Pleader while arguing the appeal for perusal of the Court. 3) Considering the totality of the circumstances I am convinced that the appeal preferred by the State does not deserve favourable consideration. The enhancement in amount of compensation awarded by the Reference Court is quite moderate. In view of the reasons set out above the appeal preferred by the State stands dismissed. 4) Civil Application No.10125 of 2010 for grant of stay stands disposed of. (R.M. BORDE, J.) rsl