fast19733.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 19733 OF 2009 The State Of Mah And Ors VERSUS Maruti Panda Bjarde L.rs. Madhav Maruti Bharde And Ors WITH FIRST APPEAL ST. NO. 19838 OF 2009 The State Of Maharashtra And Anr. VERSUS Baburao Shankar Bharde Through L R Laxmibai B. Bharde WITH FIRST APPEAL ST. NO.19836 OF 2009 The State Of Maharashtra And Anr. VERSUS Vishwanath Shankar Bharde WITH FIRST APPEAL ST. NO. 19834 OF 2009 The State Of Maharashtra And Anr. VERSUS Vishwanath Maruti Hatte fast19733.09 2 WITH FIRST APPEAL ST. NO. 19832 OF 2009 The State Of Maharashtra And Anr. VERSUS Suryakant Ramchandra Debadwar WITH FIRST APPEAL ST. NO. 19830 OF 2009 The State Of Maharashtra And Anr. VERSUS Somnath Maruti Bharde WITH FIRST APPEAL ST. NO.19840 OF 2009 The State of Maharashtra & another VERSUS Satish Suryakant Debadwar *** Mr. K.S. Patil, AGP for the State. *** CORAM : R.M. BORDE, J. DATE : July 07, 2011 PER COURT: 1 These are the appeals presented by the State Government fast19733.09 3 raising exception to the judgment and award passed by the Civil Judge, Sr.Dn, Ahmedpur on 20-10-2006 in group of Reference Applications bearing no. 3103/2001 and other companion matters. 2 Agricultural lands belonging to the claimants situate at village Kolnoor tq. udgir Dist. Latur came to be acquired for construction of percolation tank. Notification under section 4 of the Land Acquisition Act was issued on 3-3-1994 and, after following the procedure prescribed under the Act, award came to be passed on 18-10-1997. The Land Acquisition Officer offered compensation in respect of acquired lands at the rate of Rs. 355/- per R for group I lands, Rs. 395/- per R for group II lands and Rs. 445/- per R for group III Lands. The Land Acquisition Officer has made grouping on the basis of the land revenue assessment payable in respect of the acquired lands. Claimants were not satisfied with the amount offered towards compensation and as such tendered application requesting for making reference of the matter to the civil court for determination of market value of the acquired lands. Claimants claim compensation fast19733.09 4 at the rate of Rs. 2,000/- per R. 3 Claimants in order to substantiate their claim, have placed reliance on the oral as well as documentary evidence. Claimants placed on record comparable sale instance at exh. 17. According to claimants, one Janardhan Chole sold an area to the extent of 33 R out of gat no. 14 for consideration of Rs. 40,000/-. It is stated that the land covered by sale instance is situate at about 60 sq. mtrs from the acquired lands. Claimant has also deposed about the quality and fertility of the acquired lands as well as the land covered by the sale instance, being similar. Considering the evidence in the form of comparable sale instance and on observing the principles in respect of determination of compensation laid down by the Apex Court in the matter of Land Acquisition Officer vs. Narsaiah reported in AIR 2001, Supreme Court, 1117 and Chimanlal vs. Spl. Land Acquisition Officer reported in AIR 1988 Supreme Court 1652, reference court determined value of the land at Rs. 800/- per R. fast19733.09 5 4 On perusal of the judgment and award passed by the reference court and on going through the copies of evidence made available by the learned AGP while arguing the appeals, I am convinced that no interference is called for in the instant appeals. Appeals being devoid of substance stand dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. [ R.M. BORDE, J. ] dyb