fast25561.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 25561 OF 2010 The State of Maharashtra through Collector, Osmanabad .. APPELLANT VERSUS Babruwahan s/o Bandu Kadam ( deceased through LRs) & others .. RESPONDENTS WITH FIRST APPEAL ST. NO. 25595 OF 2010 The State of Maharashtra through Collector, Osmanabad .. APPELLANT VERSUS Kuber Babruwhan Kadam .. RESPONDENTs Mr. S.N. Kendre, AGP for the State. CORAM : R.M. BORDE, J. DATE : AUGUST 4, 2011. PER COURT : 1 These are the appeals presented by the State raising exception to the fast25561.10 2 judgment and award passed by the reference court in LAR Nos. 467/1991 and 473/1991 decided on 6-8-2007. 2 Agricultural lands of the claimants situate at village Kadamwadi, Tq. Tuljapur, Dist. Osmanabad came to be acquired for construction of percolation tank. Notification under section 4 of the Land Acquisition Act came to be issued on 9-4-1987 and, after following the procedure prescribed under the act, award came to be passed by the Land Acquisition Officer on 5-10-1989. The Land Acquisition Officer offered compensation at the rate of Rs. 250/- per R. 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 for determination of proper market value of the acquired lands. 3 In order to substantiate their claim, claimants have placed reliance on oral as well as documentary evidence. Documentary evidence consists of comparable sale instances. Sale deed exh. 69 is in respect of land admeasuring 16 gunthas which came to be alienated for consideration of Rs. 15,000/- on 12-11-1987. The sale instance is post notification. There is no evidence in respect of cutting in price of the lands. Reference court was fast25561.10 3 therefore justified in taking into account evidence in the form of sale instance. On the basis of guess work, reference court has scaled down amount payable towards price of the land and determined market value of the acquired lands at Rs. 20,000/- per acre. 4 On going through the judgment and award passed by the reference court, I am of the view that the court below has adopted reasonable approach in the matter and the enhancement in amount of compensation directed by the reference court is quite marginal. In my view, looking to the paltry sum directed to be paid to the claimants by way of enhanced compensation, no interference is called for in these 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