fast22056.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL STAMP NO.:22056 OF 2010 The State Of Maharashtra & another VERSUS Vishnu Dnyandeo Sonwande Mr. K.S. Patil, AGP for the appellant. *** CORAM : R.M. BORDE, J. DATE : July 21, 2011 PER COURT: 1 This is an appeal preferred by the State Government raising exception to the judgment and award passed in LAR no. 534/2003 decided by the 2 nd Jt. Civil Judge, Sr.Dn., Osmanabad on 30-9-2008. 2 Small piece of 20 R land out of gat no. 114 situate at village Masla (Kh.), Tq. Tuljapur, Dist. Osmanabad came to be acquired for construction of canal. Notification under section 4 of the Land Acquisition Act was issued fast22056.10 2 on 30-8-1990. The Land Acquisition Officer awarded compensation at the rate of Rs. 6,000/- per acre while passing award on 2-6-1994. Claimant being dis-satisfied with the award passed by the Land Acquisition Officer, tendered separate application claiming reference of the matter to the civil court for determination of market value of the acquired land. Claimant claim compensation at the rate of Rs. 40,000/- per acre. 3 In order to substantiate his contention, claimant placed reliance on the evidence in the form of comparable sale instance and has also led oral evidence. One Bhaskar Patil has proved sale deed at exh. 19. The witness deposed that one Neminath Patil sold his land admeasuring 1 acre 7 gunthas for consideration of Rs.45,000/- on 17-6-1987 Another witness Janardan Salve is witness in respect of alienation of land on 11-4-1984 out of survey no. 57 admeasuring 3- R and survey no. 58 admeasuring 24 R for consideration of Rs. 45,500/-. 4 Sale transactions relied upon by the claimant are prior to issuance of section 4 notification. The value of the agricultural land as evident from the sale instance, during the relevant period, appears to be more than Rs.1,000/- per R. Trial court, considering the relevant circumstances, deemed it fast22056.10 3 appropriate to direct the respondent / State to pay compensation at the rate of Rs.30,000/- per acre. Claimant is thus held entitled to receive Rs.15,000/- towards enhanced compensation in respect of 20 R land. Considering the meager amount of enhanced compensation directed to be paid by the reference court, I do not deem it appropriate to cause interference in this appeal. Appeal is devoid of substance hence stands dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. [ R.M. BORDE, J. ] dyb