{1} fast2126910.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.21269 OF 2010 1 The State of Maharashtra, through Collector, Osmanabad. 2 The Executive Engineer, Irrigation Division, Zilla Parishad, Osmanabad. Appellants Versus Namdeo Chilu Garad, age: adult, Occ: Agri., R/o Khed, Tq. & Dist.Osmanabad. Respondent Mr.K.S.Patil, A.G.P. for appellants. CORAM : R.M.BORDE, J. DATE : 20 th July, 2011 PER COURT: 1 This is an appeal preferred by the State raising exception to the judgment and award dated 02.05.2009, passed by Joint Civil Judge, Senior Division, Osmanabad in Land Acquisition Reference No.90/1993. 2 An area to the extent of 48 ares out of Block No.271, situate at village Khed, has been acquired by the State for construction of percolation tank. Notification under Section 4 of {2} fast2126910.odt the Land Acquisition Act was published on 21.02.1989. After following the procedure prescribed under Land Acquisition Act, the Land Acquisition Officer passed award on 29.11.1991. The Land Acquisition Officer has awarded compensation at the rate of Rs. 4000/- per acre. 3 The claimant, being dissatisfied with the award passed by the Land Acquisition Officer, has tendered separate application for reference of the matter to the Civil Court for determination of market price of the acquired land. The claimant claimed compensation at the rate of Rs.20,000/- per acre. 4 In order to substantiate his claim, the claimant has placed reliance on the evidence in the form of comparable sale instances. Sale deed at Exhibit-32A is dated 18.11.1991 out of B.No.393, which has been sold for consideration of Rs.41,000/-. The area alienated is 68 ares. The land covered by the sale instance is in close proximity of the acquired land. Considering the sale instance placed on record, the Reference Court fixed market price of the land at the rate of Rs.12,000/- per acre. The Reference Court has taken into consideration the minus factors and scaled down the amount suitably to arrive at proper market price. 5 On consideration of the judgment passed by the {3} fast2126910.odt Reference Court and upon hearing arguments advanced by learned Assistant Government Pleader, I am convinced that the view adopted by the Reference Court is proper and call for no interference. It is also required to be noted that a small piece of land admeasuring 38 ares has been acquired and the claimant is held entitled to receive meager amount below Rs.20,000/-. The appeal is devoid of substance. 6 Hence, appeal stands dismissed. Pending Civil Application does not survive and stand disposed of accordingly. R.M.BORDE adb/fast2126910 JUDGE