{1} fast70510.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.705 OF 2010 The Executive Engineer, Upper Penganga Project, Div. No.8, Nanded. Appellant Versus 1 Gopal s/o Narsinga Nirewar, age: 51 years, Occ: Agriculture, R/o Barad, Taluka & Dist.Nanded. 2 The State of Maharashtra, through District Collector, Nanded. 3 The Special Land Acquisition Officer, Upper Penganga Project, Nanded. Respondents WITH FIRST APPEAL ST.NO.701 OF 2010 The Executive Engineer, Upper Penganga Project, Div. No.8, Nanded. Appellant Versus 1 Raju s/o Manika Mulange, age: 51 years, Occ: Agriculture, R/o Barad, Taluka & Dist.Nanded. 2 The State of Maharashtra, through District Collector, Nanded. 3 The Special Land Acquisition Officer, Upper Penganga Project, Nanded. Respondents {2} fast70510.odt Mr.S.B.Pulkundwar, advocate for the appellant. CORAM : R.M.BORDE, J. DATE : 01 st July, 2011 PER COURT: 1 These are appeals presented by the acquiring body raising exception to the judgments and awards passed by III Joint Civil Judge, Senior Division, Nanded in Land Acquisition Reference No.207/2000 and 208/2000, decided on 14.01.2009. 2 The agricultural lands belonging to the claimants comprising small pieces came to be acquired for construction of Upper Penganga canal. Notification under Section 4 of the Land Acquisition Act was published on 30.09.1993. The Land Acquisition Officer, after completing procedure prescribed under the Land Acquisition Act, declared the award and offered compensation to the claimants in respect of acquired land at the rate of Rs.21,000/- per acre. 3 The claimants, being dissatisfied with the award passed by the Land Acquisition Officer, tendered separate applications for making reference of the matter to the Civil Court for determination of market value of the acquired land. According to the claimants, market value of the acquired land shall not be less than Rs.1,00,000/- per acre. After considering evidence led by the claimants, the Reference Court granted meager enhancement in the amount of compensation payable to the claimants at the rate of Rs.4000/- per acre and fixed market value of the acquired land @ Rs.25,000/- per acre. {3} fast70510.odt 4 The claimants, in order to substantiate their case, have placed reliance on the sale instance in respect of land G.No.548 to the extent of 40 ares, which totally admeasures 66 ares, was sold in the year 1996. The sale transaction was @ Rs.2,12,500/- per hectare i.e. Rs. 85,000/- per acre. Considering the fact that the sale is a post- Notification sale, the Reference Court deducted an amount of Rs. 12,000/- per year for arriving at the correct market value and fixed market value of the acquired land in the near vicinity @ Rs.45,900/- per acre. The Reference Court, however, further granting allowance of 40% for the factors such as distance and quality of the lands covered by sale instance and of the acquired land, determined the market value of the acquired land @ Rs.25,000/- per acre. 5 I have perused the judgment and award passed by the Reference Court and with the assistance of learned Counsel for the appellant-acquiring body, perused the record. Considering the meager amount of enhancement, directed to be paid by the Reference Court and considering the fact that the acquired property consists of small fragments, I do not deem it appropriate to cause interference in the impugned awards. 6 Both the appeals stand dismissed. Pending Civil Applications do not survive and stand disposed of accordingly. R.M.BORDE adb/fast70510 JUDGE