{1} fast1409911.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.14099 OF 2011 The State of Maharashtra, through the Collector, Latur. Appellant Versus 1 Angad s/o Santram Shinde & another Respondents WITH FIRST APPEAL ST.NO.14050 OF 2011 The State of Maharashtra, through the Collector, Latur. Appellant Versus 1 Gopal s/o Laxman Shinde & another Respondents Mr. T.S.Lodhe, A.G.P. for appellant. CORAM : R.M.BORDE, J. DATE : 03 rd August, 2011 PER COURT: 1 These are appeals presented by the State raising exception to the judgment and award dated 07.04.2008, passed by Ad hoc District Judge-3, Latur in L.A.R. Nos.911 of 2000 and 912 of 2000. {2} fast1409911.odt 2 The lands belonging to Respondents – original claimants out of S.No.114/228 admeasuring 1 hectare 61 ares each, came to be acquired for construction of Swarna Project. The notification under Section 4 of the Land Acquisition Act was published on 27.04.1995 and after following procedure prescribed under the Land Acquisition Act, award came to be passed on 03.09.1998. The Land Acquisition Offered compensation @ Rs. 265/- per are. 3 The claimants, being dissatisfied with the award passed by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of market price of the acquired lands. The market price claimed by the claimants is @ Rs.80,000/- per acre i.e. Rs. 2000/- per are. 4 In order to substantiate their claims, claimants relied upon oral as well as documentary evidence. The documentary evidence consist of comparable sale instances in respect of lands situate in near vicinity. Reliance is placed on sale instance in respect of area admeasuring 2 acres 23 gunthas. The land was sold to one Ranubai Minakshi for consideration of Rs.1,90,000/- on 11.07.1995. The notification under Section 4 was issued on 27.04.1995, however, there is no evidence in respect of increase in the prices of land as a result of acquisition of lands by the State {3} fast1409911.odt Government for the project. The sale instance, therefore, can be taken into consideration and the compensation in respect of acquired lands can be fixed by granting certain allowances. It is not disputed that the land is situate in the adjoining village. Considering all the relevant circumstances, the Reference Court has given appropriate allowance for the factors i.e. Distance between the acquired land and land covered by the sale instance and prescribed rate of the acquired land @ Rs.1000/- per are i.e. Rs.40,000/- per acre. The view adopted by the Reference Court appears to be reasonable and proper. 5 I have perused the judgment and award passed by the Reference Court and the evidence placed on record, copies of which were made available by the learned Assistant Government Pleader, for perusal. I am of the opinion that the view adopted by the Reference Court is reasonable and proper and enhancement in the amount of compensation awarded by the Reference Court is quite moderate. The appeals presented by the State Government do not deserve consideration. 6 Appeals are, therefore, dismissed. Pending Civil Applications do not survive and stand disposed of. R.M.BORDE JUDGE adb/fast1409911