1 FAST NO.37625/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO.37625/2010 with C.A. NO.123/2010 1. The State of Maharashtra, Through the Collector,Beed. ...APPELLANT (Ori.Respondents) VERSUS 1. Ashruba s/o Kashiba Khandare, Age 70 years, Occu. Agril., r/o Karegavan, Tq. and District Beed. 2. Navnath s/o Kashiba Khandare, Age 52 years, Occu. and r/o as above. 3. The Executive Engineer, Minor Irrigation Division, Zilla Parishad, Beed. ...RESPONDENTS (Original claimants) ... Mr.S.N.Kendre, AGP for appellant State. ... CORAM: R.M.BORDE, J. DATE : 28/7/2011 *** PER COURT : 1. This is an appeal presented by the State, raising challenge to the judgment and 2 FAST NO.37625/2010 award passed by the District Judge-I, Beed, in LAR No.31/2007 decided on 30.7.2009. 2. Agricultural land belonging to the respondents/claimants admeasuring 01 H.62 R. out of survey No.35, Gat No.226, situate at village Imampur, taluka and dist. Beed came to be acquired for construction of a village tank. Notification under 4 of the Land Acquisition Act was issued on 20.11.1997 and, after following the procedure, the award came to be passed on 21.10.2001. The Land Acquisition Officer offered compensation of Rs.250/- per R. i.e. Rs.38,000/- per acre. In order to substantiate their claim, the claimants tendered evidence in the form of comparable sale instances, apart from examining witnesses to prove the sale instances. Exh.15 is the sale deed dated 27.10.1995 executed by one Youraj and Shankar whereby an area to the extent of 60 R., out of Gat No.244 has been alienated for Rs.40,000/- i.e. at the rate of Rs. 661.61 per R. Another sale instance placed on record is in respect of 24 and half Gunthas out of Gat No.243 of village Wangi which is adjoining vthe village on 4.7.1997 for consideration of Rs.30,000/- i.e. at the rate of Rs.1224.48 per R. 3. The Reference Court, taking into 3 FAST NO.37625/2010 consideration the sale instance at Exh.15 and giving allowance of 10 per cent per year, while computing market rate, prescribed the value of the acquired land at Rs.725/- per R. The notification under Section 4 of the Land Acquisition Act was issued in the year 1997 whereas sale instance at Exh.15 pertains to the year 1995. 4. The view adopted by the Reference Court in computing the compensation is in accordance with the settled principles laid down by the Apex Court in various judgments. The view adopted is rational and proper and the enhanced amount of compensation directed to be paid is also quite moderate. 5. I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by the learned Counsel who has made available copies of the relevant record for perusal while hearing the appeal. 6. Considering the facts and circumstances of the case, I do not deem it necessary to interfere in the appeal. The appeal is devoid of substance and hence stands dismissed.Civil Application seeking stay disposed of. [R.M.BORDE, J.] agp/37625-10fast