( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 119 OF 1996 WITH CIVIL APPLICATION NO. 3382 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Baban s/o. Gangadhar Manbhav, .. Respondent Age. 45 years, occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 120 OF 1996 WITH CIVIL APPLICATION NO. 6412 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Kashinath Kisan Zare, .. Respondent Age. 35 years, Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 121 OF 1996 WITH CIVIL APPLICATION NO. 11438 OF 2004 ( 2 ) The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Pandurang s/o. Dagadu Zare, .. Respondents Age. 50 years, 2. Tulshiram s/o. Dagadu Zare, Age. 40 years, [abated as per order dated 21.12.1999] Both Agri. By profession and r/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 122 OF 1996 WITH CIVIL APPLICATION NO. 709 OF 1999 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Uttam s/o. Vithoba Zare,Age. 45 yrs., .. Respondents 2. Shamrao s/o. Vithoba Zare, Age. 40 yrs., 3. Bhimrao s/o. Vithoba Zare, Age. 35 yrs., 4. Anil s/o. Vithoba Zare, Age. 30 yrs., All Agriculturist by profession and R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 123 OF 1996 WITH CIVIL APPLICATION NO. 3370 OF 1998 ( 3 ) The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Nanasaheb s/o.Martand Doke,Age.40 yrs. .. Respondents 2. Subhash s/o. Martand Doke, Age.28 yrs. Both Occ. Agri and R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 124 OF 1996 WITH CIVIL APPLICATION NO. 3374 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bapurao s/o. Anaji Pachbail .. Respondents Age. 60 years. 2. Kalyan s/o. Ashrinath Pachabil Age. 25 years. 3. Machindra s/o. Ashrinath Pachbail Age. 22 years., 4. Mukinda s/o. Ashrinath Pachabil Age. 20 years, 5. Deepak s/o. Bayaji Pachbail Minor age. 12 years., 6. Vishnu s/o. Bayaji Pachbail Minor, Age. 10 years., ( 4 ) Nos. 5 and 6 u/G of Bayaji Pachbail Age. 40 years, All by Occ. Agri., Matkuli Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 125 OF 1996 WITH CIVIL APPLICATION NO. 11441 OF 2004 The State of Maharashtra .. Appellant through Collector, Beed. Versus Vithoba s/o. Govinda Veer, S.P. .. Respondents power of attorney, Suresh s/o. Vithoba Veer, Age. Yrs, Occ. Agri., R/o. Matkuli, Tq. Ashti, Dist. Beed. (Died L.Rs.) 1. Chandrabhan s/o. Vithoba Veer Age. 30 years, 2. Suresh s/o. Vithoba Veer, Age. 26 years, 3. Hanumant s/o. Vithoba Veer, Age. 24 years, 4. Devidas s/o. Vithoba Veer, Age. 29 years, All by occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 126 OF 1996 WITH CIVIL APPLICATION NO. 3380 OF 1998 ( 5 ) The State of Maharashtra .. Appellant through Collector, Beed. Versus Tukaram s/o. Sahebrao Solunke .. Respondent Age. 45 years, Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 127 OF 1996 WITH CIVIL APPLICATION NO. 3384 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bapu s/o. Babu Doke, Age. 45 yrs., .. Respondents 2. Gopinath s/o. Babu Doke, Age. 40 yrs., Both by occ. Agri., R/o. Matkuli, Ashti, Dist. Beed. FIRST APPEAL NO. 128 OF 1996 WITH CIVIL APPLICATION NO. 3377 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Ramchandra s/o. Shamrao Doke, .. Respondents Age. 55 yrs., 2. Mahadev s/o. Shamrao Doke, Age. 50 yrs., ( 6 ) Both by Occ. Agri. R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 129 OF 1996 WITH CIVIL APPLICATION NO. 5546 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Sampati s/o. Nivrutti Deke .. Respondents Age. 60 yrs., Occ. Agri. R/o. Matkuli, Tal. Ashti, Dist. Beed (Died – L.Rs.) 1. Kishan s/o. Sampati Doke, Age. 55 yrs., 2. Pandurang s/o. Sampati Doke, Age. 50 yrs., 3. Tukaram s/o. Sampati Doke, Age. 40 yrs., 4. Dnyandev s/o. Sampati Doke, Age. 35 yrs. FIRST APPEAL NO. 130 OF 1996 WITH CIVIL APPLICATION NO. 5535 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Bhimraj s/o. Narayan Doke, Age. 60 yrs., .. Respondent Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 131 OF 1996 WITH CIVIL APPLICATION NO. 6951 OF 1998 The State of Maharashtra .. Appellant ( 7 ) through Collector, Beed. Versus 1. Dattu s/o. Babu Doke, Age. 50 yrs. .. Respondents 2. Shivaji s/o. Dattu Doke, Age. 20 yrs., [abated as per order dtd 16.1.1999] 3. Sou. Yamunabai w/o. Dattu Doke, Age.45 yrs., All by Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 133 OF 1996 WITH CIVIL APPLICATION NO. 11440 OF 2004 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1.Janardhan s/o.Vishwanath Doke, Age.35 yrs .. Respondents 2.Bibhishan s/o. Vishwanath Doke, Age.30yrs 3.Ramhari s/o.Madhukar Doke, Age 13 yrs. 4.Tukaram s/o. Kashinath Doke, Age.30 yrs. 5.Suresh s/o. Kashinath Doke, Age. 25 yrs., [abated against resp. No.5 as per order dtd 17.06.08] All by occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 134 OF 1996 WITH CIVIL APPLICATION NO. 3388 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bajirao s/o. Sambhaji (Patil), Age.65 yrs.. Respondents. Pachbail. ( 8 ) 2. Anil s/o. Bajirao (Patil) Age. 30 yrs., Pachbail Both Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 136 OF 1996 WITH CIVIL APPLICATION NO. 3390 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Narayan Appa Jare, Age. 65 yrs., .. Respondents (died L.Rs.) 1A. Ganpat s/o. Narayan Jare, Age. 40 yrs., B. Suresh s/o. Narayan Jare, Age. 25 yrs., 1. Bharat s/o. Narayan Jare, Age. 22 yrs., 2. Dinkar s/o. Tatyaba Jare, Age. 35 yrs., 3. Abasaheb s/o. Appa Jare, Age. 60 yrs., All Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 137 OF 1996 WITH CIVIL APPLICATION NO. 6950 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Ramdas s/o. Gena Shingte, Age. 35 yrs., .. Respondent Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. ( 9 ) FIRST APPEAL NO. 138 OF 1996 WITH CIVIL APPLICATION NO. 11439 OF 2004 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bhagchand s/o.Gangaram Jare,Age.Major, .. Respondents 2. Anna s/o. Gangaram Jare, Age. Major, 3. Tukaram s/o. Gangaram Jare, Age. Major All Occ. Agri., R/o. Matkuli, Tal. Ashti Dist. Beed. FIRST APPEAL NO. 139 OF 1996 WITH CIVIL APPLICATION NO. 5539 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bayaji s/o. Mada Jare, Age. 60 yrs., .. Respondents 2. Vithoba s/o. Mada Jare, Age. 55 yrs., 3. Saheba s/o. Mada Jare, Age. 40 yrs., All Occ Agri. R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 141 OF 1996 WITH CIVIL APPLICATION NO. 5541 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus ( 10 ) 1. Ajinath s/o. Shaurao Doke, Age. 48 yrs., .. Respondents 2. Haribhau s/o. Shahurao Doke, Age. 40 yrs., 3. Babasaheb s/o. Sharurao Doke, Age. 45 yrs., 4. Sidheshwar s/o. Vithoba Doke, Age. Major, 5. Suresh s/o. Bhagwan Doke, Age. Major, All Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. [appeal abated against res. 4 & 5 as per order dated 17.06.2008] FIRST APPEAL NO. 143 OF 1996 WITH CIVIL APPLICATION NO. 783 OF 1999 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1.Tulshiram s/o. Vithoba Doke, Age. 40 yrs.,.. Respondents 2.Barikrao s/o. Vithoba Doke, Age. 35 yrs., Both Occ. Agri., r/o. Matkuli, Tal. Ashti, Dist. Beed. [appeal abated against res. No.2 as per order dated 17.06.2008] FIRST APPEAL NO. 149 OF 1996 WITH CIVIL APPLICATION NO. 3391 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Angad s/o. Pandurang Jare, Age. 25 yrs., .. Respondent Occ. Agri, R/o. Matkuli, Tal. Ashti, Dist. Beed. ( 11 ) FIRST APPEAL NO. 150 OF 1996 WITH CIVIL APPLICATION NO. 6947 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Nagu s/o. Rama Doke, Age. 58 yrs., .. Respondents 2. Sadashiv s/o. Nagu Doke, Age. 35 yrs., Both Occ. Agri., r/o. Matkuli, Tal. Ashti, Dist. Beed. [appeal abated against res. No.1 as per order dated 17.06.2008] FIRST APPEAL NO. 153 OF 1996 WITH CIVIL APPLICATION NO. 3371 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Mahadeo s/o. Kisan Jare, Age. 45 yrs., .. Respondents 2. Shrirang s/o. Kisan Jare, Age. 42 yrs., 3. Sopan s/o. Kisan Jare, Age. 42 yrs., All Occ. Agri R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 154 OF 1996 WITH CIVIL APPLICATION NO. 3392 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus ( 12 ) Dhondiba s/o. Eknath Jare, Age. 30 yrs, .. Respondent Occ. Agri, R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 156 OF 1996 WITH CIVIL APPLICATION NO. 11442 OF 2004 The State of Maharashtra .. Appellant through Collector, Beed. Versus Nagu Rama Doke, Age. 58 yrs., .. Respondent Occ. Agri, R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 157 OF 1996 WITH CIVIL APPLICATION NO. 3389 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Ajinath s/o. Parshram Doke, Age. 40 yrs., .. Respondent Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 159 OF 1996 WITH CIVIL APPLICATION NO. 3386 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus ( 13 ) Babu s/o. Bapu Jare, Age. 40 yrs., .. Respondent Occ. Agri., R/o. Matkuli, Tal. And Dist. Beed. FIRST APPEAL NO. 160 OF 1996 WITH CIVIL APPLICATION NO. 3387 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Pandurang s/o. Bajirao Jare, Age. 55 yrs., .. Respondent Occ. Agri. R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 162 OF 1996 WITH CIVIL APPLICATION NO. 3383 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bapu s/o. Kondiba Jare, Age. 29 yrs., .. Respondents 2. Bharat s/o. Kondiba Jare, Age. 27 yrs., 3. Chimaji s/o. Kondiba Jare, Age. 19 yrs., All Occ. Agri, R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 163 OF 1996 WITH CIVIL APPLICATION NO. 776 OF 1999 ( 14 ) The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Shriram s/o. Dashrath Doke, Age. 28 yrs .. Respondents 2. Bharat s/o. Dashrath Doke, Age. 32 yrs., 3. Vilas s/o. Dashrath Doke, Age. 20 yrs., 4. Dashrath s/o. Narayan Doke, Age. 62 yrs., All Occ. Agri, R/o. Matkuli, Tal. Ashti, Dist. Beed. [appeal abated against Res. No.4 vide order dated 17.06.2008] FIRST APPEAL NO. 164 OF 1996 WITH CIVIL APPLICATION NO. 11443 OF 2004 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Shivdas s/o. Nana Doke, Age. 60 yrs., .. Respondents 2. Nana s/o. Shivdas Doke, Age. 30 yrs., Both Occ. Agri, R/o. Matkuli, Tal. Ashti, Dist. Beed. [appeal abated against Res. No.1 vide order dated 17.06.2008] FIRST APPEAL NO. 165 OF 1996 WITH CIVIL APPLICATION NO. 6946 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Bhimrao s/o. Shankar Doke, Age. 50 yrs.,. Respondents ( 15 ) 2. Sadashiv s/o. Shankar Doke, Age. 45 yrs., 3. Lakhul s/o. Shankar Doke, Age. 55 yrs., 4. Arjun s/o. Shankar Doke, Age. 32 yrs., 5. Kishan s/o. Shankar Doke, Age. 40 yrs., Occ. All Agri., R/o. Matkuli, Tal. Ashti Dist. Beed. FIRST APPEAL NO. 166 OF 1996 WITH CIVIL APPLICATION NO. 6945 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Mahadav s/o. Gopal Jare, Age. 45 yrs., .. Respondents 2. Sadashiv s/o. Gopala Jare, Age. 40 yrs., Both Occ. Agri, R/o. Matkuli, Tal. Ashti Dist. Beed. FIRST APPEAL NO. 167 OF 1996 WITH CIVIL APPLICATION NO. 3385 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Girijabai w/o. Rangnath Doke, Age. 62 yrs. .. Respondent Occ. Household, R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 168 OF 1996 WITH CIVIL APPLICATION NO. 3376 OF 1998 ( 16 ) The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Rama s/o. Manikrao Parjane, Age. 20 yrs. .. Respondents 2. Laxman s/o. Manikrao Parjane, Age. 22 yrs., 3. Satyabhamabai w/o. Sitaram Salunke, Age. 25 yrs., 4. Gajrabai w/o. Lakul Dake, Age. 45 yrs., All Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. [appeal dismissed against res. No. 1 & 2 vide order dated 13.05.2001] FIRST APPEAL NO. 169 OF 1996 WITH CIVIL APPLICATION NO. 3378 OF 1998 The State of Maharashtra .. Appellant through Collector, Beed. Versus Sitaram s/o. Narayan Doke, Age. 65 yrs., .. Respondent Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed, through G.P.A. Vandeo s/o. Sitaram Doke, Age. 24 yrs., Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 170 OF 1996 WITH CIVIL APPLICATION NO. 11444 OF 2004 The State of Maharashtra .. Appellant through Collector, Beed. Versus ( 17 ) Bapu s/o. Nana Doke, Age. 60 yrs., .. Respondent through General Power of Attorney Shridhar Bapurao Doke, Age. 35 yrs., Occ. Agri., R/o. Matkuli, Tal. Ashti, Dist. Beed. FIRST APPEAL NO. 390 OF 1996 WITH CIVIL APPLICATION NO. 157 OF 2001 The State of Maharashtra .. Appellant through Collector, Beed. Versus 1. Eknath s/o. Baburao Doke, Age. 42 yrs. .. Respondents 2. Bhagwat s/o. Eknath Doke, Age. 15 yrs., 3. Maujrav s/o. Eknath Doke, Age. 10 yrs., 4. Kasturabai w/o. Eknath Doke. Age. 40 yrs., All by occ Agri, R/o. Matkuli, Ashti, Dist. Beed. [res. 2 & 3 u/g of res no.1] Shri T.S. Lodhe, A.G.P. for the appellant/State. Shri M.M. Patil (Beedkar) and Adv. Shri S.M. Kulkarni for the concerned respondents. CORAM : P.R. BORKAR,J. DATED : 22.03.2010 ORAL JUDGMENT :- 1. All these appeals are arising out of group of Land Acquisition References decided by a common judgment by the II Additional District Judge, Beed, on 14.10.1993. ( 18 ) 2. The lands in this group of appeals are acquired for construction of minor irrigation tank at Matkuli. Notification under section 4 of the Land Acquisition Act was published in the Government of Maharashtra Gazette, Part I, on 12.03.1987. The Notification under section 6 of the Land Acquisition Act was published in the Government Gazette on 24.09.1987. The common award came to be passed on 15.11.1988. Notices under section 12 of the Land Acquisition Act were issued to the land holders and thereafter various Land Acquisition References were filed by the claimants. The Reference Court recorded common evidence and awarded rate at the rate of Rs. 25,000/- per acre. He relied upon two sale- deeds. Being aggrieved by the said judgments and awards, these appeals are filed. According to the State/ appellant, an exorbitant and excessive compensation is awarded. 3. A.P.P. Shri T.S. Lodhe for the appellant/State, Adv. Shri M.M. Patil (Beedkar) and Adv. Shri S.M. Kulkarni for the concerned respondents have taken me through the record. The evidence is mainly recorded in L.A.R. Nos. 522 of 1989, 529 of 1989 and 710 of 1989. The Reference Court ( 19 ) has observed that V.F. 7/12 extracts were attached with the file of the award. The extracts showed that there were wells in the various lands on the water of which the acquired lands were irrigated. He observed at the end of para 8 that the Land Acquisition Officer did not take into consideration those V.F. 7/12 extracts. Two sale instances referred to are proved. Witness No.2 Shaikh Yasin in L.A.R. No. 529 of 1989 had sold 12 Gunthas land situated at Ashta to one Mahadeo Maroti on 29.07.1985 for Rs. 17,000/-. It was irrigated land. Certified copy of sale-deed is at Exh.36. It is stated that said land was three miles away from the acquired land and therefore it is not comparable instance. Second sale-deed is proved by one witness Vikram examined in L.A.R. No. 529 of 1989. He along with his brother had sold 4 Gunthas land on 17.08.1987 to one Rama Gajaba for Rs. 5000/-. The sale-deed is at Exh. 26. 4. It is observed by the Trial Court that village Matkuli and Matavali are adjacent to each other. The acquired lands are superior to the lands under sale instances. The Trial Court came to this conclusion in para 10 after comparing V.F. 7/12 extracts on record. In support ( 20 ) of this conclusion one panchanama dated 16.02.1987 (Exh.12) in L.A.R No. 527 of 1989 was referred. It gives names of about 54 land holders who have shares in various wells mentioned in the panchanama. We find discussion in para 12 of the judgment of the Reference Court. The learned A.P.P. Lodhe, though vehemently argued, could not point out to me that the observations of Reference Court that the acquired lands were superior to lands of which sale instances are produced is in any way wrong. He failed to show how observations of the Reference Court are not as per the evidence on record. In absence of such arguments on the part of learned A.P.P., in my opinion, the conclusion of the Reference Court that market price was Rs. 25,000/- per acre is proper. It is true that as compared to the amounts awarded by the Land Acquisition Officer, the amounts awarded by the Reference Court are much higher, but that alone is not sufficient to allow the appeals. It should have been shown that the instances of sale on record are not of comparable lands. It was case of the original claimants that there were no sale instance from village Matkuli and therefore they have to refer to sale instances of adjoining villages. The Trial Court in para 7 of the judgment has referred to case of ( 21 ) Mangatram V/s. State, AIR 1991 S.C. 1080. 5. After considering the arguments advanced before this Court, I am not satisfied that this is a case which requires any interference at the hands of this Court. In the facts and circumstances, the appeal are dismissed. 6. In view of dismissal of the appeals, the connected civil applications for stay do not survive and they are disposed of as such. sd/- [P.R. BORKAR,J.] snk/2010/MAR10/fa119.96 “AUTHENTICATED COPY” (S.N. KULKARNI) P.A. TO HON’BLE JUDGE