1 fast19784.09 IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD FIRST APPEAL ST 19784/2009 The State of Maharashtra & othres .. APPELLANTS VERSUS Vimalbai w/o Pradumna Bhosle .. RESPONDENT WITH FIRST APPEAL ST 19700/2009 The State of Maharashtra & others .. APPELLANTS VERSUS Suresh Pradumna Bhosle .. RESPONDent Mr. K.S. Patil, AGP for the State. ===== CORAM : R.M. BORDE, J. Dated: June 30, 2011 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the 4 th Ad-hoc Additional District Judge, Beed in LAR nos. 12/2006 and 11/2006 on 18-4-2006. 2 fast19784.09 2 Agricultural lands belonging to the claimants came to be acquired for construction of village tank at village Kawadgaon, Tq. Georai. Notification under section 4 of the Land Acquisition Act was issued on 5-8-1999 and, after following the procedure prescribed in the Act, award came to be passed on 30-4-2004 and compensation at the rate of Rs. 360/- per R was offered in respect of the agricultural lands. Claimants being dis-satisfied with the amount of compensation offered by the Land Acquisition Officer, tendered separate applications seeking reference of the matter to the civil court for determination of market value of the acquired lands. Claimants claim compensation at the rate of Rs. 50,000/- per acre. Reference court on consideration of relevant circumstances came to the conclusion that proper value of the acquired lands would be Rs. 800/- per R and thus directed payment of enhanced amount of compensation to the claimants. 3 In order to substantiate their claim, claimants placed reliance on evidence in the form of comparable sale instances. CW 1 Suresh has been examined to prove the documents placed on record. Exh. 12 is the sale instance dated 31-7-1997 in respect of sale of agricultural land to the extent of 12 R land out of block no. 127 of village Kawadgaon for consideration of 3 fast19784.09 Rs.10,000/-. Market rate of the property covered by the sale instance comes to Rs. 833/- per R. Another sale instance at exh. 13 is dated 26-3-1993 and an area to the extent of 20 R came to be alienated for consideration of Rs.20,000/-. Market value of the land covered by the sale instance comes to Rs. 1,000/- per R. Third sale instance at exh. 17 is also from village Kawadgaon. An area to the extent of 4 R out of block no. 113 came to be alienated for consideration of Rs. 8,000/- thus giving market rate at Rs. 2,000/- per R. Considering the evidence in the form of sale instances as well as oral evidence of the witness in respect of fertility and quality of the land, reference court, on application of certain guess work, arrived at conclusion that the proper market value of the acquired land shall be Rs. 800/- per R. 4 I have perused the reasons recorded by the reference court and also scanned the copies of documents produced by learned AGP while arguing the matter. I am convinced that the view adopted by the reference court is quite reasonable and proper so also enhancement in the amount of compensation directed by the reference court is also quite moderate. There is no reason to cause interference in the appeals. Appeals are devoid of substance hence stand dismissed. 4 fast19784.09 5 Pending civil application, if any, does not survive and stands disposed of. ( R.M. BORDE, J. ) dyb