fast13358.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 13358 OF 2009 FIRST APPEAL (ST.) NO. 13237 OF 2009 FIRST APPEAL (ST.) NO. 13361 OF 2009 FIRST APPEAL (ST.) NO. 13355 OF 2009 The State of Maharashtra and Anr ...Appellants Versus Babu Shetiba Dhotre and others ...Respondents ..... Mr. K.S. Patil, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Patil, learned AGP for the appellants. The State has raised exception to the judgment and award passed by the learned Joint C.J.S.D. Omerga decided on 10.9.2007 directing enhancement in the amount of compensation payable to the respondents-claimants. The lands belonging the respective claimants came to be acquired for the purpose of construction of Kolsur minor irrigation tank. The Land Acquisition Officer, after following procedure as prescribed under Land Acquisition Act passed an award and determined the value of acquired land at Rs.9000/- per acre. fast13358.09 -2- 2 The claimants dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making reference to the Civil Court for the purpose of determining the proper value of the acquired lands. The Reference Court after receiving the evidence led by the respective claimants came to the conclusion that proper market value of the acquired lands shall be Rs.13,000/- per acre and accordingly directed the State to pay the enhanced amount of compensation. 3 I have perused the judgment and award delivered by the Reference Court and heard the arguments advanced by the learned A.G.P. 4 The claimants in order to substantiate their claims had placed reliance on the sale instance in respect of agricultural land situate in the adjoining village. One Prakash Vasgi, P.W.2 claimants witness No.2 sold an area to the extent of 83 Are on 10.8.1993 for Rs. 30,000/-. The approximate value of the land comes to Rs.14,500/- per acre as on 10.8.1993. The Reference court considered the evidence in the form of comparable sale instances and determined the market value of the acquired property to the extent of Rs.13,000/- per acre. The reasons recorded by the Reference court cannot be said to be improper and the enhancement that has been awarded is quite fast13358.09 -3- moderate. In this view of the matter no interference is called for in the appeals. The appeals presented by the State government are devoid of substance and same stand dismissed. 4 In view of dismissal of appeals, respective civil application Nos. 7403,7405,7407 and 7409 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/