1 F.A.st.18310.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 18310 OF 2009 The State of Maharashtra ...APPELLANT. VERSUS 1. Mahadu Balu Mane(Parit) R/o Nimgaon Bodkha, Tq. Ashti Dist. Beed and another ...RESPONDENTS. WITH FIRST APPEAL STAMP NO. 18082 OF 2009 The State of Maharashtra ...APPELLANT. VERSUS 1. Kisan Bapu Mane(Parit) R/o Nimgaon Bodkha, Tq. Ashti Dist. Beed . ...RESPONDENT. ... Shri. K.S.Patil, A.G.P. for Appellant-State ... CORAM: R.M.BORDE, J. DATE : 27TH JULY, 2011. PER COURT : 1. These appeals are presented by appellant-State raising exception to the Judgment and Award passed by 6th Adhoc Additional District Judge Beed, on 16.12.2004, in Land Acquisition Reference NOs. 44 of 1996 and 2 F.A.st.18310.09 46 of 1996. 2. Agricultural lands belonging to claimants ad measuring 00.65 ½ R each came to be acquired by the State for Sina Project at Limbgaon. Notification Under Section 4 of the Land Acquisition Act was issued on 11.09.1985 and after following procedure prescribed in the Land Acquisition Act, Land Acquisition Officer passed award on 21.08.1987. The land Acquisition Officer offered compensation in respect of acquired lands at the rate of Rs. 50/- per R. 3. The claimants-respondents herein being dissatisfied with judgment and award tendered applications seeking reference of the mater to the Reference Court for determination of the market value of the acquired land. The claimants claimed compensation at the rate of Rs. 1000/- per R. Reference Court after considering the evidence led by the claimants came to the conclusion that proper market value of the acquired land is Rs. 312/- per R. 4. In order to substantiate their claim, claimants placed reliance on the evidence in the form of comparable sale instances. Sale transaction at Exh. 21 is in respect of 40 R Bagyat land, which has been purchased by the 3 F.A.st.18310.09 purchaser for consideration of Rs. 25.000/- on 06.05.1985. The land is situated at nearby vicinity of village Limbgaon. Another sale instance is in respect of land situated in village Limbgaon, dated 06.05.1985 and the area to the extent of 40 R Bagayat land has been sold for Rs. 25,000/-. It is stated by the witness that a river passes in between two villages and those villages are situate on either side of river. Considering the evidence in the form of comparable sale instances and considering the distance between the acquired land and the land covered by sale instance which is in respect of Bagayat land, Reference Court has scaled down the price in respect of acquired land to the extent of 50%. The Reference Court has arrived at conclusion that at the relevant time market value of the acquired land was Rs.312/- per R. 5. After having gone through the reasons and findings recorded by the Reference Court and considering the argument advanced by the learned AGP appearing for the State, I am convinced that view taken by the Reference Court is reasonable and proper and does not call for any interference in these First Appeals. In this view of the matter, the First Appeals, stand dismissed. Sd/- [ R.M.BORDE, J. ] MTK 4 F.A.st.18310.09