1 F.A.st.37451.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD (1) FIRST APPEAL STAMP NO. 37451 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Keshav Durgadas Patwari ...RESPONDENT. WITH (2) FIRST APPEAL STAMP NO. 37439 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Dadarao Gyanoba More and another ...RESPONDENTS. WITH (3) FIRST APPEAL STAMP NO. 37460 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Prabhu Virbhadrappa Kasture ...RESPONDENT. 2 F.A.st.37451.10 WITH (4) FIRST APPEAL STAMP NO. 37348 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Fatrubee Gafursaheb Kotwal. ...RESPONDENT. WITH (5) FIRST APPEAL STAMP NO. 37457 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Dhondiba Hanmant Kashimpure ...RESPONDENT. WITH (6) FIRST APPEAL STAMP NO. 37436 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Tulshiram Sidhu Bhatambre Died through L.Rs. ...RESPONDENT. WITH (7) FIRST APPEAL STAMP NO. 37454 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. 3 F.A.st.37451.10 VERSUS Limbaji Dhondiba Kashimpure and others. ...RESPONDENTS. WITH (8) FIRST APPEAL STAMP NO. 37448 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Harischandra Narsing Hallale ...RESPONDENT. WITH (9) FIRST APPEAL STAMP NO. 37445 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Kashinath Shamrao Hallale ...RESPONDENT. WITH (10) FIRST APPEAL STAMP NO. 37442 OF 2010 1. The State of Maharashtra, and another. ...APPLICANT. VERSUS Dadarao Daulatrao Hallale ...RESPONDENT. ... Shri. K.S.Patil,Advocate for Applicant. ... 4 F.A.st.37451.10 CORAM: R.M.BORDE, J. DATE : 2ND AUGUST, 2011. PER COURT : 1. These appeals are presented by the Appellants-State raising exception to the Judgment and Award dated 20.02.2008, passed by the Civil Judge Senior Division, Ahmedpur, Camp at Udgir, District Latur, in group of Land Acquisition Reference bearing No. 802 of 2003 and other companion reference applications 2. The Agricultural lands comprising of small pieces situated at village Pandhapur (Kamroddinpur) Tq. Deoni, District Latur belonging to agriculturists/claimants-respondent herein came to be acquired for construction of right bank canal of Devrajan Medium Project. Notification Under Section 4 of the Land Acquisition Act was published on 18.03.1993 and after following procedure prescribed in the Land Acquisition Act, award came to be passed by the Land Acquisition Officer on 19.03.1999 The Land Acquisition Officer offered compensation in the range between Rs.380/- to Rs.440/-, in respect of the acquired lands, considering the quality and fertility of the soil. 3. The claimants being dissatisfied with Judgment and Award passed 5 F.A.st.37451.10 by the Special Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of the market value of the acquired land. The claimants claimed enhanced compensation at the rate of Rs. 1500/- Per R. 4. In order to substantiate their contentions, the claimants have led oral evidence as well as placed reliance on the documentary evidence in the form of comparable sale instances. The sale instances are in respect of the transactions relating to agricultural property situated near vicinity of acquired lands. In order to prove the sale transactions the claimants have examined witnesses. Exhibit 26 is sale instance in respect of alienation of land Gut No. 26 to the extent of 47 R, which has been sold by one Shakuntalabai Chamale in favour of Shivaji and Sheshrao. It is stated by the witness that land covered by sale instances is of same quality as that of acquired land. It is also situated in near vicinity of the acquired land. Considering the sale instances placed on record and other oral evidence led by the claimants, the Reference Court arrived at conclusion and prescribed the market value of acquired land shall be Rs. 800/- per R and accordingly directed the State Government to make payment of enhanced compensation. 6 F.A.st.37451.10 5. I have perused the Judgment and Award of the Reference Court and have heard argument advanced by Mr. Patil, learned AGP. I have also perused the copies of evidence made available by the learned counsel, while arguing the matter. Considering all these circumstances, I am convinced that view adopted by the Reference Court is reasonable and proper. The amount of enhancement directed to be paid by Reference Court is quite moderate. Apart from this, small pieces of lands are acquired for the project, thereby entitling claimants to receive paltry sum. In this view of the matter, no interference is called for. The appeals, being devoid of substance, stand dismissed. Sd/- [ R.M.BORDE, J. ] MTK