fast27463.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 27463 OF 2009 *** The State Of Mah And Anr VERSUS Yadav Mahipati Chavan WITH FIRST APPEAL ST. NO. 27459 OF 2009 *** The Staet Of Mah And Anr VERSUS Sakharam Bapu Chavan(died) Ramhari Sakharam Chavan *** WITH FIRST APPEAL ST. NO. 27456 OF 2009 *** The State Of Mah And Anr VERSUS Shahaji Kondiba Najan fast27463.09 2 WITH FIRST APPEAL ST. NO. 27452 OF 2009 *** The State Of Mah And Anr VERSUS Bhika Mahipati Chavan(died) Lrs Madharao Bhika Chavan *** Mr. K.S. Patil, AGP for the State. *** CORAM : R.M. BORDE, J. DATE : July 07, 2011 PER COURT: 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the Ad-hoc District Judge -1, Aurangabad on 11-3-2008 in LAR no. 525/1997 and other companion reference applications. 2 Agricultural lands belonging to the claimants situate at village Kingaon Tq. & Dist. Aurangabad came to be acuired for Minor Irrigation,EGS Division No. II, Aurangabad. Notification under section 4 fast27463.09 3 of the Land Acquisition Act was published on 6-8-1987 and, after following the procedure prescribed under the Act, award came to be passed by the Special Land Acquisition Officer on 12-4-1990. The Land Acquisition Officer offered compensation at the rate of Rs. 375/- per R. Claimants being dis-satisfied with the award, tendered separate applications seeking reference of the matter to the civil court for determination of market value of the acquired lands. Claimants claim compensation at the rate of Rs. 750/- per R whereas reference court has awarded enhancement to the tune of rs. 550/- per R, thus giving rise to the extent of Rs. 175/- per R in respect of acquired lands. 3 Claimants, in order to substantiate their claim have placed reliance on oral as well as documentary evidence. Sale instance placed on record at exh. 21 is in respect of 20 R land which has been alienated on 3-4-1982 for consideration of Rs. 10,000/-. Value of the land covered by the sale instance comes to Rs. 500/- per R. Sale transaction is about 5 years prior to issuance of section 4 notification. Claimants claim rise in the market value of the acquired lands at 10% fast27463.09 4 per year and claim compensation at Rs. 750/- per R. Reference court, however, has granted rise of only Rs. 175/- per R and prescribed amount payable to the claimants at Rs. 550/- per R. 4 On perusal of the judgment and award passed by the reference court as well as on consideration of the copies of evidence which were made available by the learned AGP at the time of arguing the appeals, I am convinced that the appeals presented by the State Government do not deserve any consideration. Considering the meager amount of enhancement awarded by the reference court, I do not deem it appropriate to cause interference in the instant appeals. Appeals are devoid of substance hence stand dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. [ R.M. BORDE, J. ] dyb