fast2121.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 2121 OF 2011 The State of Maharashtra & another .. APPELLANTS VERSUS Shri Shivlal s/o Jatappa Mandale .. RESPONDENT WITH FIRST APPEAL ST. NO. 2095 OF 2011 The State of Maharashtra & another .. APPELLANTS VERSUS Sow. Mangalabai w/o Kerba Mamale .. RESPONDENT WITH FIRST APPEAL ST. NO. 2124 OF 2011 The State of Maharashtra & another .. APPELLANT VERSUS Mahadu Jatappa Mandale .. RESPONDENT Mr. S.N. Kendre, AGP for the State. fast2121.11 2 CORAM : R.M. BORDE, J. DATE : AUGUST 2, 2011. PER COURT : 1 These are the appeals presented by the State raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Nilanga on 5-3-2009 in LAR No. 236/2002 and other companion reference applications. 2 Agricultural lands belonging to the claimants situate at village Wadi Kasarshirshi, Tq. Nilanga came to be acquired for construction of percolation tank. Notification under section 4 of the Land Acquisition Act was issued on 24-6-1998 and, after following the procedure prescribed under the Act, award came to be passed on 18-5-2001. The Land Acquisition Officer offered compensation at the rate of Rs. 500/- per R. The claimants being dis- satisfied 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 value of the acquired lands. Claimants claim compensation at the rate of Rs. 1,50,000/- per acre. 3 In order to substantiate their claim, claimants led oral as well as fast2121.11 3 documentary evidence. Documentary evidence consists of copies of sale- deed in respect of transaction relating to agricultural property situate in the near vicinity of the acquired land. Exh. 42 is the sale instance relating to alienation of land survey no. 11/B admeasuring 8 R which has been alienated by one Ram Bhosale in favour of Shivaji Bhosale on 4-7-1997 for considration of Rs. 25,000/-. Another sale instance placed on record is at exh. 48 relating to alienation of 93 R land out of survey no. 29 for consideration of Rs. 75,000/- and the sale deed is executed on 23-4-1998. Reference court found that the sale instance at exh. 48 is prior to two months of issuance of section 4 notification and the alienation is in respect of part of the land out of survey no. 29. Some part of the same survey number has been acquired by the State for the above referred project. Sale-instance at exh. 48 proves to be the best evidence for determination of market value of the acquired land. Considering the evidence in the form of sale instances, reference court arrived at conclusion that proper market value of the acquired lands shall be Rs. 800/- per R. 4 I have perused the judgment and award passed by the reference court and heard arguments advanced by learned AGP for the State. I have also gone through the evidence, copies of which are made available by fast2121.11 4 learned AGP while arguing the appeals. On consideration of the relevant circumstances, I am of the opinion that the view adopted by the reference court is reasonable and proper. The amount of compensation that has been awarded in respect of price of agricultural lands acquired by the State is also quite marginal. In this view of the matter, appeals presented by the State do not require favourable consideration. Appeals are therefore dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE,J.) dyb