( 1 ) fast22073.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO. 22073 OF 2010 WITH CIVIL APPLICATION NO. 12008 OF 2010 The State of Maharashtra .. Appellant Versus Dajiba Limbaji Shinde & Anr. .. Respondents WITH FIRST APPEAL ST. NO. 22063 OF 2010 WITH CIVIL APPLICATION NO. 12010 OF 2010 The State of Maharashtra .. Appellant Versus Balaji Maruti Shinde & Ors.. .. Respondents Mr. S.N. Kendre, A.G.P. for the appellant/State. CORAM : R.M. BORDE, J. DATED : 01.08.2011 P.C. :- 1. These are appeals presented by the State raising exception to the judgment and award passed by the Jt. Civil Judge, Senior Division, Latur, in Land Acquisition Reference ( 2 ) fast22073.10 No. 661 of 2003 and other companion Reference Application, decided on 06.10.2006. 2. The agricultural lands belonging to the claimants from village Utka, Tal. Ausa, Dist. Latur, were acquired for construction of percolation tank. The Notification under Section 4 of the Land Acquisition Act was issued on 16.04.1998 and after following the procedure prescribed under the Land Acquisition Act, the Land Acquisition Officer passed order on 11.01.2002 and offered compensation at the rate of Rs. 313/- per R. The claimants being dissatisfied with the award of Land Acquisition Officer, tendered separate application seeking reference of the matter to the Civil Court for determination of the market value of the acquired lands. The claimants claimed compensation at the rate of Rs. 1,50,000/- per acre. 3. In order to substantiate their claim, the claimants have placed reliance on the oral as well as documentary evidence. The documentary evidence consists of comparable sale instances as well as copy of the judgment delivered by ( 3 ) fast22073.10 the Reference Court in respect of acquisition of land from the same village. The sale instance placed on record in respect of 24 R land is from the same village and it appears that the said land has been sold for consideration of Rs. 40,000/- on 10.09.1996. The another sale instance is in respect of 1 H 4 R land, which has been sold for Rs. 1,90,000/- and third sale instance is in respect of 5 ½ R land which has been sold for consideration of Rs. 50,000/- on 30.08.1996. The Reference Court found that there is difference in fertility of soil between the lands acquired and the lands covered by the sale instance. The Reference Court, therefore, thought it appropriate to place reliance on the judgment delivered by the Civil Judge, Senior Division, Latur, dated 18.09.1998, which has been placed on record at Exh.39. The judgment delivered by the Reference Court pertains to the acquisition of land from the same village and the award was passed in the said matter by the Land Acquisition Officer on 03.10.1994. In the instant case the award is passed in the year 2002, whereas the date of notification under Section 4 is 16.04.1998. The Reference Court after giving consideration to the time factor ( 4 ) fast22073.10 prescribed the market value at the rate of Rs. 875/- per R i.e. Rs. 35,000/- per acre. I am of the view that the prescription of rate at the rate of Rs. 875/- per R in respect of the acquired land by the Reference Court is rational and proper. 4. On consideration of the reasons recorded by the Reference Court in the judgment and award impugned in these appeals and after scrutinizing the evidence made available for perusal by learned A.P.P. while arguing the appeals, I am convinced that the appeals presented by the State do not require favourable consideration. The appeals are devoid of substance and stand dismissed. 5. All pending Civil Applications stand disposed of. [R.M. BORDE, J.] snk/2011/AUG11/fast22073.10