1 Fast 11876/2010 & Ors.. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FAST NO.11876/2010 The State of Maharashtra & Anr. - APPELLANTS versus 1)Datta Maruti Chidre & Anr. - RESPONDENTS. WITH FAST NO. 12001/2010 The State of Maharashtra & Anr. - APPELLANTS versus 1)Ram Nivruti Bande & Anr. - RESPONDENTS. WITH FAST NO. 11997/2010 The State of Maharashtra & Anr. - APPELLANTS versus 1)Sopan Pundlik Halgire & Anr. - RESPONDENTS. WITH FAST NO. 11999/2010 The State of Maharashtra & Anr. - APPELLANTS versus 1)Piraji Datta Chidre & Anr. - RESPONDENTS. ***** 2 Fast 11876/2010 & Ors.. Mr.SM Kendre, AGP for Appellant/State. ----- CORAM : R.M.BORDE, J. DATE : 29th July, 2011. PER COURT : 1) These are the appeals presented by the State, raising exception to the Judgment and Award dated 27.8.2007 passed by the Reference court in LAR No.1273 and other companion References. 2) Heard the learned AGP appearing for the State. 3) Agricultural lands belonging to the claimants came to be acquired for construction of percolation tank at village Dhor Sangvi, Tq. Ahmedpur, district Latur. A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 24.1.1991 and after following prescribed procedure under the Act, Award came to be passed on 2.8.1995. The Land Acquisition officer offered compensation @ Rs.170/- per R. in respect of the acquired agricultural lands. The claimants claimed compensation @ Rs.50,000/- to Rs.60,000/- per acre. In order to substantiate their claims, the claimants have placed reliance on oral as well as documentary evidence. The 3 Fast 11876/2010 & Ors.. documentary evidence consist of comparable sale instance. Sale-instance at Exhibit-23 is in respect of agricultural land situated at village Waigaon, Tq. Ahmedpur, District Latur. On perusal of the copy of the sale-deed, it transpires that an area to the extent of 40 R. out of block No.239 has been alienated for consideration of Rs. 45,000/- on 15.3.1989. The value of the land covered by the sale instance appears to be more than Rs.1100/- per guntha. The land covered by the sale instance is at a distance of 4 km away from the acquired land. Before the Reference Court the witnesses for the claimants have deposed about the quality and fertility of the acquired lands as well as the land covered by the sale instance placed on record. Considering all the relevant factors, including the factum of distance between the acquired land and the land covered under the sale instance, the Reference Court has even given interest and scaled down the amount of compensation accordingly. The Reference Court thus arrived at the conclusion that the proper market value of the acquired land shall be at Rs. 550/- per R.. The view taken by the References Court appears to be quite reasonable and proper. It is to be noted that very small pieces of lands have been acquired for construction of the project by the State Government. So also, the 4 Fast 11876/2010 & Ors.. amount of enhancement that has been allowed by the Reference Court is also quite nominal thereby entitling the claimants to receive a very paltry amount. Considering all these factors, I do not deem it necessary to cause interference in these appeals. The appeals are devoid of substance, hence stand dismissed. 4) The Appellant/State Government is entitled to claim refund of court fees as per the Rules. (R.M.BORDE,J.) bdv/