1 F.A.st.8047.11+4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 8047 OF 2011 The State of Maharashtra Through : Collector, Ahmednagar ...APPLLENT VERSUS 1. Baba Bhau Bhawal(deceased) Through L.Rs. And others. ...RESPONDENTS. WITH FIRST APPEAL STAMP NO. 8052 OF 2011 The State of Maharashtra Through : Collector, Ahmednagar ...APPLLENT VERSUS . Nana Balu Mind ...RESPONDENT. WITH FIRST APPEAL STAMP NO. 8059 OF 2011 The State of Maharashtra Through : Collector, Ahmednagar ...APPLLENT VERSUS Thakubai Vithoba Bitak ...RESPONDENT. WITH FIRST APPEAL STAMP NO. 8064 OF 2011 2 F.A.st.8047.11+4 The State of Maharashtra Through : Collector, Ahmednagar ...APPLLENT VERSUS 1. Vitthal Rambhau Bitake and others. ...RESPONDENTS. WITH FIRST APPEAL STAMP NO. 8069 OF 2011 The State of Maharashtra Through : Collector, Ahmednagar ...APPLLENT VERSUS 1. Dnyandeo Sakharam Sable ...RESPONDENT. ... Shri. K.S.Patil, A.G.P. for appellant ... CORAM: R.M.BORDE, J. DATE : 26TH JULY, 2011. PER COURT : 1. Heard learned AGP for the appellants. These appeals are presented by the Appellants-State raising exception to the Judgment and Award passed by the Civil Judge Senior Division, Shrigonda, District Ahmednagar, on 05.09.2008, in group of Land Acquisition Reference bearing No. 802 of 2003 and other companion reference petitions. 3 F.A.st.8047.11+4 2. The Agricultural lands comprising of small pieces belonging to different agriculturists/claimants-respondent herein came to be acquired for construction of percolation tank at village Bitkewadi. Notification Under Section 4 of the Land Acquisition Act was issued on 23.03.1990 and after following procedure prescribed in the Land Acquisition Act, award came to be passed by the Special Land Acquisition Officer on 28.02.2011. The Special Land Acquisition Officer offered compensation at the rate of Rs. 282/- per R, in respect of the acquired lands. 3. The claimants being dissatisfied with Judgment and Award passed by the Special Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of the market value of the acquired land. The claimants claimed enhanced compensation at the rate of Rs. 630 Per R. The Reference Court on considering the evidence led by the claimants arrived at conclusion that market value of the acquired land shall be Rs. 315/- per R and directed the State to pay enhanced compensation accordingly. 4. The claimants, in order to substantiate their contentions placed reliance on the evidence in the form of sale instances as well as oral evidence. Exh. 19 is sale deed dated 01.12.1997 in respect of area 4 F.A.st.8047.11+4 admeasuring 1 H. 19 R and land is sold for consideration of Rs. 75,000/-. The land covered by the sale deed is situated in the same vicinity of village Bitkewadi and quite near to the acquired land. The land covered by sale instance shows that market value of the land at the relevant time was Rs.630/- per R i.e. Rs. 63,000/- per hectare. The Reference Court while awarding compensation has scaled down the price by giving allowances to different minus factors and prescribed market value at the rate of Rs. 315/- per R. 5. I have perused the Judgment and Award of the Reference Court and heard argument advanced by Mr. Patil, learned AGP. I have also perused the relevant copies of evidence made available by the learned counsel, while arguing the matter. Considering all these circumstances, I am of the view that Reference Court has adopted reasonable approach in the matter and the enhancement that has been granted is quite marginal. Apart from this, small pieces of lands are acquired for the project, thereby entitling claimants to receive paltry sum. In this view of the matter, no interference is called for. The appeals, being devoid of substance, stand dismissed. Sd/- [ R.M.BORDE, J. ] MTK 5 F.A.st.8047.11+4