1 fast19922.09 IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 19922 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Deorao Yeshwant Khandekar ( deceased through LRs) .. RESPONDENTS WITH FIRST APPEAL ST. NO. 19935 OF 2009 The State of Maharashtra .. APPELLANT VERSUS Pralhad s/o Yeshwant Khandekar ( deceased through LRs) .. RESPONDENTS Mr. S.N. Kendre, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 30 th JUNE, 2011. PER COURT : 1 Appellant – State is raising exception to the judgment and award passed in LAR Nos. 381/1991 and 379/1991 decided by the Jt. Civil Judge Sr.Dn., Osmanabad on 7-12-2007. 2 fast19922.09 2 Lands belonging to the claimants admeasuring 1 H and 30 R respectively came to be acquired for construction of percolation tank at village Wanegaon Tq. Tuljapur, Dist. Osmanabad. Notification under section 4 of the Land Acquisition Act was issued on 16-7-1987 and the award came to be passed by the Land Acquisition Officer on 29-3-1990 wherein the Land Acquisition Officer offered compensation in respect of the acquired lands at Rs. 70/- per R i.e. Rs. 7,000/- per Hector. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the civil court. Claimants claim compensation at the rate of Rs. 25,000/- per acre. Reference court, after considering the evidence lead by the claimants, arrived at conclusion that proper market value of the acquired lands would be Rs. 15,000/- per acre. In order to substantiate their claim, claimants placed reliance on oral evidence as well as evidence in the form of comparable sale instances. Document placed on record at exh. 31 is the certified copy of the sale deed in respect of land gat no. 286 admeasuring 40R which has been alienated by one Padmakar. CW 2 Uttam has proved the sale deed and has stated that the land covered by the sale instance is at a distance of 1 km from the acquired lands. Witness has also deposed about the quality and fertility of the land covered by the sale instance as well as the lands under acquisition, 3 fast19922.09 which according to him is similar. Considering the evidence in the form of comparable sale instance, reference court prescribed market value of the acquired lands on the date of section 4 notification at Rs. 15,000/- per acre. 3 I have perused the judgment and award passed by the reference court and also gone through the copies of documents placed on record by the learned AGP at the time of arguing the appeals. On consideration of the relevant circumstances, I am convinced that the increase in the amount of compensation directed by the reference court is quite marginal. Considering the aspect that small pieces of lands have been acquired for the project and further considering that the increase directed by the reference court is quite marginal, I do not deem it appropriate to cause interference in the appeals. Appeals being devoid of substance stand dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb