( 1 ) fast13724.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO. 13724 OF 2010 WITH CIVIL APPLICATION NO. 7942 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Bhimrao Gangaram Yechwad .. Respondents WITH FIRST APPEAL ST. NO. 13553 OF 2010 WITH CIVIL APPLICATION NO. 7950 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Baliram Gangaram Yechwad .. Respondents WITH FIRST APPEAL ST. NO. 13720 OF 2010 WITH CIVIL APPLICATION NO. 7948 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Kamlakar Kondiram Yechwad & Ors. .. Respondents WITH FIRST APPEAL ST. NO. 13716 OF 2010 WITH CIVIL APPLICATION NO. 7946 OF 2010 ( 2 ) fast13724.10 The State of Maharashtra & Anr. .. Appellants Versus Bhaguram Gangaram Yechwad (died) through LRs.. Respondents and Anr. WITH FIRST APPEAL ST. NO. 13728 OF 2010 WITH CIVIL APPLICATION NO. 7944 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Chandar Narsu Yechwad .. Respondents Mr. S.N. Kendre, A.G.P. for the appellant/State. CORAM : R.M. BORDE, J. DATED : 01.08.2011 P.C. :- 1. These are the appeals presented by the State raising exception to the judgment and award passed by the Civil Judge, Senior Division, Latur, in a group of Land Acquisition Reference bearing No. 522 of 1998 and other companion matters, decided on 25.02.2009. 2. The agricultural lands belonging to the respondents ( 3 ) fast13724.10 /original claimants came to be acquired for construction of percolation tank at village Chincholiraowadi, Tal. & Dist. Latur. Notification under Section 4 of the Land Acquisition Act was published on 04.03.1993 and after following the procedure prescribed under the Act, the Land Acquisition Officer passed award on 01.04.1997. The Land Acquisition Officer offered compensation in respect of the acquired lands at the rate of Rs. 25,000/- per hectare i.e. Rs. 6,000/- per acre. The claimants being dissatisfied with the award tendered such applications seeking reference of the matter to the Civil Court for determination of the market value of the acquired land. The claimants claimed compensation at the rate of Rs. 1,50,000/- per acre. 3. In order to substantiate their claims, the claimants led documentary as well as oral evidence. The documentary evidence consists of comparable sale instances as well as copies of judgment in other Land Acquisition References pertaining to the acquisition of lands situated in the vicinity of the acquired area. The sale instance at Exh. 25 is in respect of 60 R, out of block No. 90 of village ( 4 ) fast13724.10 Chincholiraowadi, which has been sold for consideration of Rs. 75,000/- on 10.05.1995. The sale instance at Exh.26 is pertaining to 88 R land out of block No.47 of village Sakhara, where-under the land is sold for consideration or Rs. 78,500/- on 14.08.1991. The sale instances at Exhs. 27, 28, 29, 30 and 31 are pre-notification and and in respect of alienation of the property from village Harangul out of block No. 294, 228, 321 and 217 respectively. The lands covered by the sale instances referred above have been sold for consideration of Rs. 70,000/-, Rs. 96,500/-, Rs. 97,500/-, Rs. 2,69,000/- and Rs. 3,11,000/-. The price of land sold under the sale instances varies from Rs. 900/- to Rs. 1000/- per R. On perusal of map (Exh.32) placed on record, it transpires that the village Harangul and village Sakhara are adjacent on northern side of village Chincholiraowadi. The sale instance placed on record pertaining to village Harangul is relevant for consideration for arriving at market price of acquired land. 4. Apart from sale instances, the claimants also placed reliance on certified copy of judgment in respect of ( 5 ) fast13724.10 acquisition of lands from village Harangul and Chincholiraowadi. Exh.33 is judgment in respect of acquisition of land bearing Gat Nos.285 and 286 of village Harangul. Notification under Section 4 of the Act was issued in the concerned matter on 28.07.1998. Exh.34 is the judgment delivered by Reference Court in respect of acquisition of lands at Chincholiraowadi, wherein Notification under Section 4 of the Act was issued on 27.08.1995. The Reference Court prescribed the price of the acquired lands at Rs. 1 lakh per hectare. Considering the fact that Notification under Section 4 in the matters decided by the Reference Court was issued in 1995 and the Notification under Section 4 of the the land is issued in 1993, the Reference Court scaled down the amount of compensation for the purpose of prescribing market value by 20% to 30%. The Reference Court thus prescribed the value of the acquired property at Rs.80,000/- per hectare in respect of irrigated land and Rs. 70,000/- per hectare for non- irrigated land. On perusal of the judgment delivered by the Reference Court and on consideration of the copies of evidence referred to by the learned A.G.P., which were made available while arguing the appeals, I am convinced that the ( 6 ) fast13724.10 view taken by the Reference Court in directing payment of enhanced amount of compensation is quite rational and proper. 5. Considering the moderate amount of enhancement in the amount of compensation awarded by the Reference Court, I do not deem it proper to call interference in the appeals. The appeals are devoid of substance and hence stand dismissed. 6. All pending Civil Applications stand disposed of. [R.M. BORDE, J.] snk/2011/AUG11/fast13724.10