fast14145.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 14145 OF 2009 The State of Maharashtra ...Appellant Versus Bhimrao Bajirao Aage and others ...Respondents WITH FIRST APPEAL (ST.) NO. 14141 OF 2009 FIRST APPEAL (ST.) NO. 14137 OF 2009 FIRST APPEAL (ST.) NO. 14148 OF 2009 FIRST APPEAL (ST.) NO. 14113 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 Vth Adhoc Additonal District Judge, Beed on 28.04.2006, whereby the Reference Court directed the payment of enhanced amount of compensation to the claimants-respondents herein in respect of their acquired agricultural properties. fast14145.09 -2- 3 The agricultural lands belonging to the respective claimants situate at village Ukhanda, Tq. Patoda, District Beed came to be acquired for the purpose of rehabilitation of project affected persons of Domri project at village Ukhanda. The Land Acquisition Officer after observing the procedure prescribed under the Act passed an award and determined the value of the acquired property at Rs.235/- per Are. The respective claimants being aggrieved and 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.2500/- per Are. 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.800/- per Are for Jirayat Land and Rs.1078/- for Bagayat lands and directed the 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. The claimants, in order to substantiate their contentions had placed reliance on comparable sale instances produced at Exh.33 and 34. The sale instances placed on record depict the market value of the property in the nearby vicinity, which is fast14145.09 -3- higher than the amount awarded by the Land Acquisition Officer. Apart from the comparable sale instances, the reference Court relied upon the judgment delivered in LAR No 96 of 1995. The said reference pertains to acquisition of property situate at Ukhanda itself and acquisition in question is five years prior to the acquisition in the instant appeals. The Reference Court while determining market value of the lands in LAR No. 96 of 1995 reached to the conclusion that the rate admissible to the claimants in the said matter shall be Rs.540/- per Are. On consideration of increase in rate at 10% p.a. of agricultural properties, the Reference court directed enhancement to the extent of Rs.40% over and above Rs,540/- per R. The Reference court thus determined the value of Jirayat land at Rs.800/- per R and for Bagayat land at Rs.1078/- per R. On considering the reasons recorded by the Reference court, I am of the opinion that the Reference court has adopted reasonable approach in the matter. The enhancement in the amount of compensation that has been determined is quite moderate. For the reasons recorded above, no interference is called for in the appeals. The appeals presented by the State Government are devoid of substance and same stand dismissed accordingly. ( R.M. BORDE. J.) rlj/ fast14145.09 -4-