fast28113.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL STAMP NO.:28113 OF 2010 *** The State Of Maharashtra And Others VERSUS Bhagwat Pandurang Phand *** Mr. S.N. Kendre, AGP for the State. *** CORAM : R.M. BORDE, J. DATE : July 21, 2011 PER COURT 1 This is an appeal preferred by the State raising exception to the judgment and award passed in LAR no. 98/2000 decided by the 2 nd Jt. Civil Judge, Sr.Dn., Osmanabad on 24-9-2009. 2 Agricultural land out of gat no. 381 admeasuring 2 H 30 R situate at village Sawargaon Tq. Tuljapur has been acquired for construction of percolation tank at village Sawargaon. Notification under section 4 of the Land Acquisition Act was published on 22-4-1993. After following the fast28113.10 2 procedure prescribed under the Act, the Land Acquisition Officer passed award and issued notice to the claimant to receive amount of compensation on 9-9-1997. Land Acquisition Officer offered compensation to the tune of Rs. 50,600/- for the acquired area of land. Claimant being dis- satisfied with the determination of compensation by the Land Acquisition Officer, tendered application seeking reference of the matter to the civil court for fixing market value of the acquired land. 3 In order to substantiate the claim, claimant has placed reliance on the evidence in the form of comparable sale instance as well as led oral evidence. One Kashinath Darekar has deposed before the court that he sold land bearing gat no. 459 to one Rangnath for consideration of Rs. 40,000/- on 30-12-1994. The sale deed is dated 30-12-1994 i..e three months after issuance of notification under section 4 of the Act and as such, reference court did not take said sale instance into consideration for determination of market value. PW 3 Sunil has deposed before the court that on 17-6-1994 one Suryakant sold land to Dinanth for consideration of Rs. 35,000/-. The land sold under the sale deed at exh. 27 is at a distance of 1/2 kms. from the acquired land. It is stated that the land covered by the sale instance is seasonally irrigated land and the rate of agricultural land sold fast28113.10 3 comes to Rs. 82,000/- per hector. The acquired land being dry land, reference court, after giving appropriate allowance to the minus factors, has determined market value of the land at Rs. 40,000/- per hector. The view adopted by the reference court appears to be proper and reasonable. 4 I have perused the judgment and award passed by the reference court and also gone through the evidence copies thereof were made available by the learned AGP while arguing the appeal. Considering the moderate amount towards enhancement of compensation determined by the reference court, I do not deem it necessary to cause interference in the appeal. Appeal is devoid of substance hence stands dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. [ R.M. BORDE, J. ] dyb