( 1 ) fast10575.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO. 10575 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Thakubai Gangaram Gaikwad .. Respondent WITH FIRST APPEAL ST. NO. 10714 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Maruti Piraji Sapte & Ors. .. Respondents WITH FIRST APPEAL ST. NO. 10708 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Dilip Namdeo Dhobale & Ors. .. Respondents WITH FIRST APPEAL ST. NO. 10717 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Keshav Hari Shinde .. Respondent WITH ( 2 ) fast10575.09 FIRST APPEAL ST. NO. 10716 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Rangnath Gokul Dhobale .. Respondent WITH FIRST APPEAL ST. NO. 10712 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Murlidhar Babu Shinde .. Respondent WITH FIRST APPEAL ST. NO. 10710 OF 2009 The State of Maharashtra & Ors. .. Appellants Versus Dnyanoba Nagu Dhobale .. Respondent Shri S.N. Kendre, A.G.P. for the appellant/State. CORAM : R.M. BORDE, J. DATED : 22.07.2011 P.C. :- 1. These are appeals presented by the State raising exception to the judgment and award passed by Ist Adhoc Additional District Judge, Beed, on 13.07.2005, in a group of ( 3 ) fast10575.09 Land Acquisition References bearing No. 367 of 1999 and other companion matters. 2. The agricultural lands belonging to the claimants situated at village Nimgaon Chobha, Tal. Ashti, Dist. Beed, have been acquired for construction of village tank. The Notification under Section 4 of the Land Acquisition Act was issued by the State on 13.10.1994 and after following the procedure prescribed under the Land Acquisition Act, the Land Acquisition Officer declared award on 12.04.1997. The Special Land Acquisition Officer offered compensation for the acquired land respectively at the rate of Rs. 230/- and Rs. 250/- per R, considering quality and fertility of the land. The claimants being dissatisfied with the amount of compensation offered by the Land Acquisition Officer, tendered separate application seeking reference of the matter to the Civil Court for determining market value of the acquired lands. The claimants claimed compensation at the rate of Rs. 1000/- per R, in respect of lands acquired. In order to substantiate their contention, the claimants relied upon oral as well as documentary evidence. The documentary ( 4 ) fast10575.09 evidence consists of sale instances of the relevant period in respect of transactions of lands situated in the adjoining area. The claimants have led evidence of one Ashok Sawant, who has proved sale transaction and sale instance at Exh.12. The witness had purchased an area to the extent of 81 R for consideration of Rs. 1,01,000/- i.e. at the rate of Rs. 1250/- per R. The land is situated within proximate distance of acquired land and it is deposed by the witness that the purchased land is situated in the beneficial zone of the proposed project. Considering this aspect of the matter, the Reference Court has drawn inference that the purchaser of the property has paid inflected price in respect of the land purchased by him. The Reference Court, however, scaled down the amount of compensation for determination of market rate to bring it at par with the market value and fixed the same at the rate of Rs.600/- per R for dry crop land; whereas the Reference Court considered the proper market value in respect of irrigated land at the rate of Rs. 800/- per R. 3. I have perused the judgment and award passed by the Reference Court and heard arguments advanced by the learned ( 5 ) fast10575.09 A.G.P. appearing for the State. Learned A.G.P. has also made available copies of relevant record for perusal, while arguing the appeals. Considering the totality of the circumstances, I am of the view that the Reference Court has directed moderate amount in enhancement of compensation. Considering the fact that small pieces of lands have acquired for the project and thereby the claimants received meager amount, no interference is called for in these appeals. The appeals stand dismissed. [R.M. BORDE, J.] snk/2011/JUL11/fast10575.09