1 First Appeal Stamp No.26841/2009 with First Appeal Stamp No.26884/2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL STAMP NO.26841 OF 2009 WITH CIVIL APPLICATION NO.929 OF 2010 The State of Maharashtra & anr. ... APPELLANTS VERSUS Ashoksingh Babusingh Pawar & ors. ... RESPONDENTS ..... Shri T.S. Londhe, A.G.P. for appellants ..... W I T H FIRST APPEAL STAMP NO.26884 OF 2009 WITH CIVIL APPLICATION NO.931 OF 2010 The State of Maharashtra & anr. ... APPELLANTS VERSUS Ashoksingh Babusingh Pawar ... RESPONDENT ..... Shri T.S. Londhe, A.G.P. for appellants ..... 2 First Appeal Stamp No.26841/2009 with First Appeal Stamp No.26884/2009 CORAM : R.M. BORDE, J. DATED : 8th July, 2011. PER COURT : 1. These are the appeals presented by the State, raising challenge to the judgment and award passed by the Civil Judge, Senior Division, Latur on 5.4.2008, in Land Acquisition Reference Nos.66/1996 and 70/1996. Agricultural lands belonging to the claimants, situate at village Harangul were acquired by the State for construction of Air-strip. The acquired lands comprise area of 54 Ares and 60 Ares respectively. The notification under Section 4 of the Land Acquisition Act was issued on 31.1.1991 and after following the procedure prescribed under the Land Acquisition Act, the Special Land Acquisition Officer passed award on 18.5.1993. The Special Land acquisition Officer awarded compensation in respect of acquired land at rate of Rs.32,500/- per hector. The claimants, being dissatisfied with the award passed by the Land Acquisition Officer, tendered separate application, seeking reference of the matter to the Civil Court for determination of market value of acquired lands. The claimants claimed compensation at rate of Rs.20/- per sq. ft. The claimants, in order to substantiate their claim, have placed reliance on sale instance at 3 First Appeal Stamp No.26841/2009 with First Appeal Stamp No.26884/2009 Exh. 26, which pertains to an area out of Block No.392, which is admittedly adjacent to Latur town. An area to the extent of 50 x 25 ft. out of the said plot has been alienated for consideration of Rs. 20,000/- on 25.7.1987. Another sale instance at Exh. 27 is dated 3.6.1993 and Exh. 28, dated 23.4.1992. The Reference Court did not accept those sale instances being post notification sale. An area out of Block No.595 of village Harangul and a sale instance at Exh. 30 pertaining to Block No.83 are placed on record. The sale instance at Exh. 29 in respect of alienation of area admeasuring 95 Ares, which has been sold for consideration of Rs.95,000/-. The sale deed at Exh. 30 is in respect of an area to the extent of 77 Ares, which has been sold for consideration of Rs.77,000/-. Thus, both the sale instances, which are from village Harangul, give market price of the acquired land in the year 1988 at Rs.1000/- per Are. The Reference Court considered the sale instances at Exhs. 29 and 30 to be relevant for determination of market price of acquired land. The Reference Court also considered the aspect that the sale instance pertain to the year 1989 whereas Section 4 notification in the instant matter is of the year 1991. By application of certain guess work, the Reference Court prescribed the market value of the land at Rs. 1,00,000/- per hector. 4 First Appeal Stamp No.26841/2009 with First Appeal Stamp No.26884/2009 2. I have gone through the reasons recorded by the Reference Court and heard the arguments advanced by learned A.G.P. appearing for the State. The learned A.G.P. also referred to the oral and documentary evidence placed on record before the Reference Court while arguing the appeal. Considering the contentions raised by the learned A.G.P., on consideration of all relevant aspects, I am of the opinion that the compensation awarded by the Reference Court in respect of acquired land is quite moderate and the valuation is based on the evidence placed on record by the claimants. In view of the fact that the Reference Court has directed payment of moderate amount of enhanced compensation, and considering further aspect that the acquired lands comprise area below 1 hector, the claimants are held entitled to receive marginal amount. In this view of the matter, the appeals do not require consideration. The Appeals along with Civil Applications stand dismissed. ( R.M. BORDE, J. ) fmp/fa26841.09