1 CA8221/2010 & Ors. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FAST NO.14312/2011 with CA NO.8222/2011 The State of Maharashtra Through Collector Jalgaon and Ors. - APPELLANTS versus 1)Ananda Santosh Patil Died thr LR and GPA Ramsing died thr. Lrs. Kusumbai & Ors.- RESPONDENTS. WITH FAST NO.14309/2011 WITH CA NO.8224/2011; The State of Maharashtra Through Collector Jalgaon and Ors. - APPELLANTS versus Dnyanoba Pandu Patil died Thr.LRs.Kesarbai & Ors. - RESPONDENTS. WITH FAST NO.14315/2011 WITH CA NO.8226/2011 The State of Maharashtra Through Collector Jalgaon and Ors. - APPELLANTS versus 1)Ananda Santosh Patil, died Thr.LR and GPA Ramsing Died Thr. L.Rs. Kusumbai and Ors.- RESPONDENTS. WITH 2 CA8221/2010 & Ors. FAST NO.14318/2011 WITH CA NO.8228/2011 The State of Maharashtra Through Collector Jalgaon and Ors. - APPELLANTS versus 1)Punjabrao Dnyanoba Patil. - RESPONDENTS. ***** Mr.TS Lodhe, AGP for Appellant/State. ----- CORAM : R.M.BORDE, J. DATE : 29th July, 2011. PER COURT : 1) Heard learned AGP for State. 2) These are the appeals presented by the State, raising exception to the judgment and Award passed by Civil Judge, Senior Division, Jalgaon in LAR No.1627/1998 dated 31st March, 2008 and other two LARs. 3) The lands belonging to the claimants came to be acquired for submergence of minor irrigation project. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the said Act) was issued on 23.12.1993 and after following prescribed procedure under the Act, the Award came to be 3 CA8221/2010 & Ors. passed on 13.2.1996. the Special Land Acquisition Officer offered compensation Rs.40,000/- per hectare, i.e. Rs.400/- per R. The claimants claimed compensation in respect of dry crop land @ Rs.75,000/- per hectare and in respect of irrigated land @ Rs.1,00,000/- per hectares. In order to substantiate their contentions, the claimants place reliance on the evidence, oral as well as documentary. The documentary evidence consist of comparable sale instance of agricultural property situated in the vicinity of the acquire land. The sale instance at Exhibit-21 is dated 25.11.1993 in respect of sale of 1 hectare land for a consideration of Rs.71,000/-. It is stated that the distance between the acquired land and the land covered under the said instance is quite short. 4) The Reference Court has also taken into consideration the relevant aspects such as quality and fertility of the soil. On consideration of the evidence placed on record, it was observed b the Reference Court that the land belonging to the claimants, acquired by the State Government, are Bagayat lands. Considering all the relevant circumstances the Reference Court prescribed the market value of the land at Rs.79,875/- per hectare. 4 CA8221/2010 & Ors. 5) I have perused the judgment and Award passed by the Reference Court and heard the arguments advanced by learned AGP for State. 6) The learned AGP while arguing the appeal has also referred to the copies of the documents, on which reliance was placed by the claimants for substantiating their contentions before the Reference court for claiming enhanced amount of compensation. In my view, the reasons recorded by the Reference court for directing enhancement in amount of compensation, payable to the claimants, are quite convincing. The enhancement of amount of compensation directed by the Reference Court is quite moderate and thereby the claimants are held entitled to receive a reasonable sum. In view of the reasons recorded above, the appals presented by the State Government do not call for interference. The appeals are devoid of substance and stand dismissed. 7) In view of dismissal of the appeals, CAs for stay do not survive and they are accordingly disposed of. (R.M.BORDE,J.) bdv/