1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.609 of 1993 Shamrao Bhika Patil, deceased, through his legal representatives: 1A Nagraj Shamrao Patil, age: 65 years, Occ: Agriculture; 1B Bhaskar Shamrao Patil, deceased, through his legal representatives: 1B-1 Vimalbai w/o Bhaskar Patil, age: 58 years, Occ: Housewife; 1B-2 Abasaheb s/o Bhaskar Patil, age: 35 years, Occ: Agriculture; 1B-3 Sunil s/o Bhaskar Patil, age: 28 years, Occ: Agriculture; 1B-4 Ushabai w/o Ganesh Desale, age: 37 years, Occ: Housewife; 1B-5 Malati w/o Bharat Desale, age: 32 years, Occ: Housewife; 1B-6 Vijaya w/o Pravin Desale, age: 30 years; Occ: Housewife; 1C Pandurang Shamrao Patil, age: 61 years, Occ: Agriculture; 1D Yuvraj Shamrao Patil, age: 65 years, Occ: Agriculture; 1E Dilip Shamrao Patil, age: 59 years, Occ: Agriculture; 1F Nagubai Bhivrao Pawar, 2 age: 57 years, Occ: Agriculture; 1G Sushilabai Kailas Patil, age: 55 years, Occ: Agriculture; 1H Nirmalabai Uttam Patil, age: 53 years, Occ: Agriculture; 1I Rukhmabai Shamrao Patil, age: 85 years, Occ: Agriculture; All R/o Waghadu, Tq.Chailisgaon, District Jalgaon. Appellants Versus The State of Maharashtra Respondent Mr.Pradeep R. Patil, advocate for appellants. Mr.B.V.Wagh, A.G.P. for Respondent-State. CORAM: R.M.BORDE, J. DATE : 05 th January, 2010. ORAL JUDGMENT: 1 In fact the claim raised by claimants before the Reference Court has been allowed in totality and as such there was no occasion for appellants to present instant appeal. 2 The land belonging to the claimants to the extent of 31 hectares 20 ares out of Gat No.112 (P) was acquired by the State Government for construction of percolation tank at village Waghadu. Notification under Section 4 of the Land Acquisition Act was issued on 04.02.1982 and after following procedure prescribed under the Act, award came to be declared on 31.10.1983. The claimants, being dissatisfied with the award passed by the Land Acquisition Officer and amount determined towards compensation in respect of acquired 3 land, preferred Reference Application claiming enhanced value of the acquired land at the rate of Rs.55,000/- per hectare. The Reference Application came to be referred for determination to the Civil Court. The claim was opposed by Respondent-State on the ground that compensation arrived at by the Land Acquisition Officer is adequate and does not call for any enhancement. 3 In order to substantiate the claim, claimant has examined one witness, apart from claimant; P.W.2 Hiraman has stated in his evidence that he purchased 81 ares of land out of G.No.21 for Rs.44,000/- on 03.06.1981. Land purchased by the witness is prior to issuance of Section 4 Notification in the instant matter. The Reference Court thought it fit to place reliance on the said sale instance to arrive at market value of the acquired land at the rate of Rs.55,000/- per hectare. The claim raised before Reference Court has totally met and claimant has been awarded compensation at the rate claimed by him. The evidence led by claimant also demonstrates that market value of the property on the date of acquisition was not more than Rs.55,000/- per hectare. 4 In this view of the matter, no interference is called for in the award passed by the Reference Court. The Appeal is devoid of substance. 5 In the result, Appeal is dismissed. However, in the facts and circumstances of this case, there shall be no order as to costs. (R.M.BORDE) JUDGE ******* adb/fa60993