fast14120.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 14120 OF 2009 The State of Maharashtra ...Appellant Versus Gahininath Rawaji Chavan and others ...Respondents WITH FIRST APPEAL (ST.) NO. 14152 OF 2009 FIRST APPEAL (ST.) NO. 14150 OF 2009 FIRST APPEAL (ST.) NO. 14156 OF 2009 ..... Mr. K.S. Patil, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Patil, learned AGP for the appellants. 2 These are the appeals presented by the State of Maharashtra raising exception to the judgment and award passed by the learned Ist Adhoc Additonal District Judge, Beed on 19.08.2005, whereby the Reference Court directed enhancement in the amount of compensation to the claimants-respondents herein in respect of their acquired agricultural properties. fast14120.09 -2- 3 The agricultural lands belonging to the respondents original claimants came to be acquired by the State government for construction of village tank at village Misalwadi, Tq. Patoda, District Beed. The lands acquired are small pieces of agricultural properties admeasuring 53 R upto 93 R. The Land Acquisition Officer, after following the procedure prescribed under the Act passed an award and determined the value of the acquired property at Rs.200/- per Are. The claimants being dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making reference to the Civil Court for the purpose of determining proper market value of the acquired property. The claimants claimed compensation at Rs.700/- per R. The Reference Court after receiving the evidence led by the respective claimants came to the conclusion that the proper market value of the acquired lands shall be Rs.600/- per R and directed the payment of enhanced compensation accordingly. 4 I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by learned AGP for the appellant-State. The claimants, in order to substantiate their contentions had placed reliance on comparable sale instances produced on record and and examined witness No.2 Haribhau Yeole and witness No.4 Vitthal Yeole, who have been examined to prove the sale instances. On the relevant date i.e. prior to issuance of Section 4 fast14120.09 -3- notification, the value of the property in the nearby vicinity was at Rs. 40,000/- per acre. According to witnesses, the sale instances placed on record in respect of 20 R land which has been alienated for Rs. 20,000/-, thus the rate comes to Rs.1000/- per R. The Reference Court had also paced reliance on the judgment delivered in Reference Application bearing No. 358 of 1995 and other companion matters decided by the court prior in time. The Reference Court while dealing with the above noted reference application recorded a finding that the market value of acquired property which was also from same village is at Rs.600/- per R. Considering the judgment and award passed by the Reference Court on earlier point of time in relation to acquisition of property from the same village, the Reference court reached the conclusion that proper market value of property would be Rs.600/- per R. The reasons recorded by the Reference Court appear to be reasonable and enhancement in the amount of compensation that has been directed is quite moderate. In this view of the matter, no interference is called for in the appeals. The appeals presented by the State Government are devoid of substance and same stand dismissed accordingly. ( R.M. BORDE. J.) rlj/ fast14120.09 -4-