fast15407.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 15407 OF 2009 The State of Maharashtra and another ...Appellants Versus Paraji Gunaji Gangotri ...Respondent WITH FIRST APPEAL (ST.) NO. 15556 OF 2009 FIRST APPEAL (ST.) NO. 15553 OF 2009 FIRST APPEAL (ST.) NO. 15550 OF 2009 FIRST APPEAL (ST.) NO. 15546 OF 2009 FIRST APPEAL (ST.) NO. 15542 OF 2009 FIRST APPEAL (ST.) NO. 15559 OF 2009 ..... Mr. N.R. Shaikh, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Shaikh, learned AGP for the appellants. 2 These are the appeals presented by the State of Maharashtra raising exception to the judgment and award passed by the learned Civil Judge, Senior Division, Ahmedpur camp at Udgir, District Latur on 19.04.2008, whereby the Reference Court directed enhancement in the amount of compensation to the claimants-respondents herein in fast15407.09 -2- respect of their acquired agricultural lands. 3 The lands belonging to the respondents original claimants came to be acquired by the State government for the purpose of construction of percolation tank at village Jalkot, Tq. Jalkot, District Latur. Notification under Section 4 of the Land Acquisition Act was issued on 7.12.2000. The Land Acquisition Officer, after following the procedure prescribed under the Act passed an award on 27.6.2003 determining the value of the acquired property at Rs.295/- and Rs.330/- per R depending on land revenue assessment. The claimants being dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making reference to the Civil Court for the purpose of determining proper market value of the acquired property. The claimants claimed compensation at Rs.150000/- per acre. The Reference Court after receiving the evidence led by the respective claimants came to the conclusion that the proper market value of the acquired lands shall be Rs.1200/- per R in respect of dry land and Rs. 2400/- per R in respect of irrigated lands and directed payment of enhanced compensation accordingly. 4 I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by learned AGP for the appellant-State. fast15407.09 -3- 5 The claimants, in order to substantiate their contentions placed reliance on comparable sale instances placed on record at Exh.15 and 16. The claimants also examined witnesses to prove the sale instances. It transpires that one Balaji Dange who is witness to the sale transaction between Ashrafbee Bagwan and one Digambar has proved the sale instance dated 17.8.2000 of agricultural land admeasuring 18 R which came to be alienated for consideration of Rs.1,50,000/- i.e. @ Rs.8383/- per R. Another sale instance is at Exh. 16 which is in respect of 9 R agricultural land situate at village Jalkot, which has been alienated for Rs.1,00,000/- i.e. Rs.11111/- per R. The sale instances are pre notification sales and these are relevant for determination of proper market value of the acquired property. Although the sale transactions pertain to small pieces of agricultural lands the acquired properties belonging to the claimants also comprises of small pieces of lands. The sale instances therefore are comparable and can be taken as evidence for determining proper market value of the agricultural property at the relevant time. 6 On perusal of the judgment of the Reference Court, I am of the opinion that the Reference Court has considered all relevant aspects and reached to the conclusion that the claimants are entitled to receive compensation at Rs.1200/- per R for dry lands and Rs.2400/- per R for fast15407.09 -4- irrigated lands. The view adopted by the Reference Court appears to be reasonable and quite proper and based on the evidence placed on record by the claimants. The enhancement in the amount of compensation payable to the claimants that has been directed by the Reference Court is also quite moderate. In my opinion the view taken by the Reference does not call for any interference in the appeals. The appeals presented by the State Government are devoid of substance and same stand dismissed accordingly. 7 In view of dismissal of appeals, respective civil application Nos. 8206, 8208, 8210, 8212, 8214, 8216 and 8218 of 2009 seeking stay to the impugned judgment and award do not survive for consideration and the same stand dismissed accordingly. ( R.M. BORDE. J.) rlj/