fast21942.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 21942 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Motiram Baliram Surnar .. RESPONDENT WITH FIRST APPEAL ST. NO. 21955 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Rameshwar Motiram Surnar .. RESPONDENT Mr. S.N. Kendre, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 29 th August, 2011 PER COURT : 1 These are the appeals presented by the State raising exception to the judgment and award passed in LAR No. 260/2004 and 261/2004 decided on 27-4-2007 by the Jt. Civil Judge, S.D. Ahmedpur. fast21942.10 2 2 Agricultural lands belonging to the claimants came to be acquired for submergence of Urdhav Manyar Project. Notification under section 4 of the Land Acquisition Act was issued on 5-7-2001 and, after following the procedure prescribed under the Act, award came to be passed on 4-7-2002. The Land Acquisition Officer offered compensation at the rate of Rs. 470/- per R in respect of the acquired lands. 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. Claimants claim compensation at the rate of Rs. 1,00,000/- per acre. However, reference court while passing award offered compensation at the rate of Rs. 950/- per R. 3 In order to substantiate their contentions, claimants placed reliance on evidence in the form of comparable sale instances. Sale deed at exh. 17 placed on record is in respect of alienation of two acres land in the year 1996 out of survey no. 87 for consideration of Rs. 2,00,000/-. Attesting witness to the sale-deed has been examined who has stated about the quality and fertility of the lands acquired as well as the land covered under the sale instance. Considering the evidence in the form of comparable sale instance coupled with the oral evidence of the witness, reference court prescribed fast21942.10 3 market value of the acquired land at Rs. 950/- per R by giving allowance of more than 50% to the various factors in respect of the sale instance placed on record. 4 On perusal of the judgment and award passed by the reference court, I am of the opinion that the reference court has adopted a reasonable approach of matter. The amount of compensation awarded in respect of the acquired lands is quite moderate and the enhancement in payment of compensation directed by the reference court is based on the evidence placed on record by the claimants. Considering this aspect of the matter, I am of the opinion that no interference is called for in these appeals. Both the appeals are devoid of substance hence stand dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb