fast18754.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 18754 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Rama Thaku Jadhav & others .. RESPONDENTS Mr. T.S. Londhe, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 5 th JULY, 2011. PER COURT : 1 This appeal is presented by the State challenging the judgment and award passed in LAR no. 385/1999 decided by the 1 st Adhoc Additional District Judge, Beed on 19-8-2005. 2 Agricultural land belonging to the claimants came to be acquired for construction of village tank. Notification under section 4 of the Land Acquisition Act was published on 15-8-1996 and, after following the procedure prescribed under the Act, award came to be passed on fast18754.09 2 29-4-1998. The Land Acquisition Officer offered compensation at the rate of Rs. 250/- per R in respect of the acquired land. Claimants, being dis-satisfied with the award passed by the Land Acquisition Officer, tendered application seeking reference of the matter to the civil court. Claimants claim compensation at the rate of Rs. 1,000/- per R. Reference court, however, after considering the evidence lead by the parties, arrived at conclusion that the market price of the acquired land on the date of issuance of section 4 notification shall be Rs. 625/- per R. 3 Claimants, in order to substantiate their claim have placed reliance on the evidence in the form of sale instances and have also examined the witnesses to prove the sale instances. The witnesses have also stated about the quality and fertility of the land covered by the sale instance as well as the acquired land. One Shaikh Sadeq CW 2 purchased 1 H and 40 R land for consideration of Rs. 60,000/-. Another sale instance at ex. 18 is in respect of purchase of land at the rate of Rs. 1,140/- per R. Another sale instance at exh. 17 is in respect of purchase of land admeasuring 2 H and 4 R for consideration of Rs. 1,53,000/-. All the sale instances are admittedly pre notification sales. It is observed by the trial court that all the agricultural lands were transacted approximately at the rate of Rs. 1350/- per R. Having fast18754.09 3 regard to the fact that the lands covered by the sale instances are irrigated lands, reference court fixed market value of the acquired land at Rs. 625/- per R i.e. fifty percent less than the rate offered for the lands sold under the sale instances. 4 On consideration of the judgment delivered by the reference court so also on consideration of the copies of evidence made available by learned AGP while arguing the appeal, I am convinced that the view adopted by the reference court is quite reasonable and proper. Enhancement in the amount of compensation awarded by the reference court is quite marginal. In this view of the matter, no interference is called for in the instant appeal. Appeal being devoid of substance stands dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb