fast27293.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 27293 OF 2010 WITH C.A. NO. 14543 OF 2010 The State of Maharashtra and another ...Applicants Versus Hanmant Maruti Arale ...Respondent WITH FIRST APPEAL (ST.) NO. 27287 OF 2010 WITH C.A. NO. 14545 OF 2010 The State of Maharashtra and another ...Applicants Versus Kisan Nagnath Nirmale (Through power of attorney) Laxman Nagnath Nirmale and Anr ...Respondents WITH FIRST APPEAL (ST.) NO. 27261 OF 2010 WITH C.A. NO. 14547 OF 2010 The State of Maharashtra and another ...Applicants Versus Biru Ganpati Dudhbhate and Anr ...Respondents ..... S/Shri K.S. Patil, S.N. Kendre and T.S. Lodhe, A.G.Ps for appellant-State. ..... CORAM: R.M. BORDE, J. DATED: 4TH AUGUST, 2011 PER COURT:- 1 These are the appeals presented by the State raising exception fast27293.10 -2- to the judgment and award passed by the learned Joint Civil Judge, Senior Division, Osmanabad on 17.3.2008 in L.A.R. No. 225 of 1996 and other companion reference applications. 2 The agricultural lands belonging to the claimants-respondents situate at village Andur (Dhangarwadi), Tq. Tuljapur, District Osmanabad came to be acquired for construction of percolation tank. Notification under Section 4 of the Act was issued on 17.5.1995 and after observing the procedure prescribed under the Land Acquisition Act the award came to be passed on 25.6.1997. The Land Acquisition Officer offered compensation @ ` 17,000/- per acre. 3 The claimants being dissatisfied with the amount of compensation offered 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 claimants claimed compensation @ ` 50,000/- per acre. In order to substantiate their claims, the claimants placed reliance on oral as well as documentary evidence. The documentary evidence consists of comparable sale instances, copies of which are placed on record. Exh. 22 is the sale instance executed by one Smt. Bhimabai Shankar Mule from village Andur in respect of 32 R land out of Gat No.212 which has been alienated for a consideration of ` 40,000/- on 1.1.1991. The sale fast27293.10 -3- deeds at Exh.23 and 24 are executed by one Malinath Vithal Dharane in favour of Sidram Gurunath Patu in respect of land Gat No. 5/1/2 admeasuring 1 acre for a consideration of ` 40,000/- on 8.2.1989 each. Considering the evidence in the form of sale instances, the reference court found that the value of the agricultural lands situate in the village in the year 1989-1991 was approximately ` 40,000/- or more per acre. In the instant matter, a notification under Section 4 was issued on 17.5.1995 i.e. after about 4 to 5 years later than the execution of the sale deeds which are placed on record. The Reference court, however, on consideration the relevant factors, has prescribed the market price of the acquired lands at ` 40,000/- per acre. 4 I have perused the judgment and award passed by the Reference court. I have heard the arguments advanced by Mr. Kendre, learned AGP for the appellant-State. Shri Kendre has also invited my attention to the copies of the evidence which was placed before the Reference court and was part of the record while deciding the reference applications. Considering the totality of the circumstances, I am of the view that the view adopted by Reference Court in the matter while prescribing the enhancement in the amount of compensation in relation to the acquired lands is quite reasonable. Considering the meager amount enhanced by the Reference court, no fast27293.10 -4- interference is called for in these appeals. The appeals are devoid of substance and the same stand dismissed. 5 In view of dismissal of appeals, civil applications seeking stay to the impugned judgment and award do not survive and the same stand disposed of accordingly. ( R.M. BORDE. J.) rlj/