fast23935.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 23935 OF 2009 The State of Maharashtra ...Appellant Versus Sheshrao Nagnath Biradar ...Respondent WITH FIRST APPEAL (ST.) NO. 23859 OF 2009 FIRST APPEAL (ST.) NO. 23500 OF 2009 FIRST APPEAL (ST.) NO. 23847 OF 2009 FIRST APPEAL (ST.) NO. 23880 OF 2009 FIRST APPEAL (ST.) NO. 23911 OF 2009 FIRST APPEAL (ST.) NO. 23922 OF 2009 FIRST APPEAL (ST.) NO. 23852 OF 2009 FIRST APPEAL (ST.) NO. 23927 OF 2009 ..... Mr. S.N. Kendre, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 24TH JUNE, 2011 PER COURT:- 1 Heard Shri Kendre, learned AGP for the appellants. These are appeals presented by the State raising exception to the judgment and award passed by the learned Civil Judge, Senior Division, Ahmedpur camp at Udgir, in L.A.R. No. 3252 of 2001 and other companion References decided on 23.3.2007 directing enhancement in the amount of compensation payable to the respondents-claimants. fast23935.09 -2- 2 The agricultural lands belonging the respective claimants comprising small pieces ranging from 10 R to 80 R have been acquired for the purpose of construction of percolation tank No.3 at village Dhondi-Hipparga, Tq. Udgir, District Latur. Notification under Section 4 of the Land Acquisition Act was issued on 17.12.1998. The Land Acquisition Officer, after following procedure, as prescribed under Land Acquisition Act, passed an award on 24.3.2000 and determined the value of acquired land at Rs.425/- per R to the different claimants. The total area acquired for the project is to the extent of 4 Hectare and 19 R only. 3 The claimants being dissatisfied with the amount of compensation, offered by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for the purpose of determination of proper market value of the acquired lands. The claimants claimed compensation at Rs.2,00,000/- per acre i.e. Rs.5000/- per R. 4 In order to substantiate their claims, the claimants relied upon evidence in the form of comparable sale instance. One Ramchandra Kondiba Kamble purchased area of land from Gat No.323 admeasuring 1 H 9 R at village Dhondi-Hipparga for a consideration of fast23935.09 -3- Rs.4,90,000/- from one Babanna Amrutrao Biradar. Copy of sale deed is placed on record at Exh.17. The claimant has examined P.W.2 Babanna, who deposed about quality and fertility of the land covered by the sale instance as well as acquired land. He has stated that the land covered by sale instance at Exh.17 is situate at a distance of 4 fields away from the acquired land of the claimants. The Reference Court found sale instance at Exh.17 to be comparable for fixing the market price of the acquire land. It was urged that there are certain minus factors such as purchaser of the property was owner and possessor of adjoining land and as such he has offered higher price. Even if some allowance is given to these minus factors, as urged by the appellants, the price arrived at by the Reference Court at Rs.850/- per R cannot be said to be exorbitant. The land covered by the sale instance at Exh.17 is sold at about Rs.2,00,000/- per acre whereas value of the property fixed by the Reference Court is at Rs.34,000/- per acre. The Reference court has considered the parameters laid down by the Apex Court in the matter of Ravindar Narain and others Vs. Union of India, reported in 2003 AIR SCW 1491 as well as positive and negative factors as noted in the matter of Chimanlal Vs. Special Land Acquisition Officer, reported in AIR 1988 SC 1652 and arrived at conclusion in respect of market price of the acquired lands. fast23935.09 -4- 5 The reasons recorded by the Reference Court cannot be said to be irrational. Considering the small amount of enhancement awarded by the Reference Court and further considering the small pieces of lands acquired belonging to each of the claimants, I do not deem it appropriate to cause interference in these appeals. The appeals presented by the State government are devoid of substance and same stand dismissed. ( R.M. BORDE. J.) rlj/