{1} fast1018810.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.10188 OF 2010 1 The State of Maharashtra, through Collector, Beed. 2 The Executive Engineer, Minor Irrigation (Local Sector), Division, Beed. Appellants Versus Vasant Janardhan Jadhav, age: 50 years, Occ: Agri., R/o Bhendi (Khurd), Tq.Georai, Dist. Beed. Respondent WITH FIRST APPEAL ST.NO.10212 OF 2010 1 The State of Maharashtra, through Collector, Beed. 2 The Executive Engineer, Minor Irrigation (Local Sector), Division, Beed. Appellants Versus Dinkar s/o Tulshiram Shinde, age: 35 years, Occ: Agriculture, R/o Bhend (Khurd), Tq.Georai, Dist. Beed. Respondent WITH FIRST APPEAL ST.NO.10217 OF 2010 {2} fast1018810.odt 1 The State of Maharashtra, through Collector, Beed. 2 The Executive Engineer, Minor Irrigation (Local Sector), Division, Beed. Appellants Versus Shankar s/o Dagdu Kolape, age: 45 years, Occ: Agriculture, R/o Bhend (Khurd), Tq.Georai, Dist. Beed. Respondent WITH FIRST APPEAL ST.NO.10221 OF 2010 1 The State of Maharashtra, through Collector, Beed. 2 The Executive Engineer, Minor Irrigation (Local Sector), Division, Beed. Appellants Versus Mahadeo s/o Rambhau Shinde, age: 50 years, Occ: Agriculture, R/o Bhend (Khurd), Tq.Georai, Dist. Beed. Respondent Mr.K.S.Patil, A.G.P. for appellants. CORAM : R.M.BORDE, J. DATE : 15 th July, 2011 {3} fast1018810.odt PER COURT: 1 These are the appeals presented by the State raising exception to the judgment and award dated 25.04.2007, passed by I Ad hoc Additional District Judge, Beed in a group of four Land Acquisition References bearing L.A.R.No.33/2006 and other companion matters. 2 The agricultural lands belonging to the respondents – original claimants came to be acquired for the construction of percolation tank at village Bhend (Khurd), Taluka Georai, District Beed. The Notification under Section 4 of the Land Acquisition Act was issued on 17.01.2002 and after following the procedure prescribed under the provisions of Land Acquisition Act, award came to be passed on 31.12.2002. The Special Land Acquisition Officer offered compensation at the rate of Rs.560/- per are for dry lands, whereas, he offered compensation at the rate of Rs.840/- per are for seasonally irrigated lands. 3 The claimants, being dissatisfied with the amount of compensation offered by the Special Land Acquisition Officer, tendered separate applications seeking reference of the matters to the Civil Court for determination of proper market value of the acquired lands. The claimants claimed compensation at the rate of Rs.1500/- per are in respect of dry lands and at the rate of Rs.2000/- in respect of seasonally irrigated lands. 4 In order to substantiate their claims, the claimants have placed reliance on the evidence in the form of comparable sale instances. {4} fast1018810.odt The claimants have also appeared before the Court and deposed about quality and fertility of the acquired lands as well as the lands covered under the sale instances. Exhibit-19 is the certified copy of the sale deed dated 13.03.2000 in respect of seasonally irrigated land admeasuring 25 ares out of G.No.94, situate at Mauja Bhend (Khurd), which was alienated by one Govind Shinde to Chhatabai Gorakh Gundhekar and Shivnath Vishwanath Shinde, for consideration of Rs.35,000/- i.e. at the rate of Rs.1400/- per are. Another sale instance at Exhibit-20, is the certified copy of sale deed dated 17.05.2000, which is in respect of land admeasuring 6 ares out of G.No.3 from the same village. The land was sold for consideration of Rs.54,000/- by one Karbhari Kolpe to Raosaheb Sarak and Kondiram Jangale. The sale instance at Exhibit-21 is in respect of perennially irrigated land admeasuring 15 ares out of G.No.357 situate at Mauja Bhend Takli, which has been sold by one Sk.Yasin to Shaikh Lal for consideration of Rs.32,000/- on 07.02.1996. The rate of agricultural land sold under sale deed at Exhibit-21 comes to Rs.2133/- per are. Another sale instance placed on record at Exhibit-22 is in respect of 14 ares’ land out of G.No.143 of village Mauja Bhend Takli, which has been alienated by one Khaja Pathan to Mahadu Satpute for consideration of Rs.25,000/- on 18.10.2001. The rate comes to Rs. 1785/- per are. The sale instance at Exhibit-23 is in respect of sale deed dated 03.06.1996. The land admeasuring 8 ares out of G.No.221 situate at Mauja Rui was sold by Sarasvatibai Anerao to Thakaram Navale for consideration of Rs.21,000/- i.e. at the rate of Rs.2625/- per are. 5 Considering the evidence in the form of sale instances, the Reference Court came to the conclusion that the compensation offered by the Special Land Acquisition Officer is quite inadequate and by {5} fast1018810.odt application of certain guess-work, determined the market price of acquired land @ Rs.1155/- per are for dry land and @ Rs.1540/- for seasonally irrigated land. 6 I have perused the judgment and award passed by the Reference Court and has also considered the evidence in the form of sale instance, which is referred to by the learned A.G.P. appearing for the State, while arguing the matters. It is also observed that the acquired property belonging to each of the claimants consist of small pieces of land admeasuring less than 1 hectare land. Thus, the claimants are held entitled to receive a meager amount under the award. 7 For the reasons recorded above, I do not deem it appropriate to cause interference in these appeals. The appeals are devoid of substance. 8 Appeals stand dismissed. Pending Civil Applications, if any, do not survive and stand disposed of accordingly. R.M.BORDE adb/fast1018810 JUDGE