1 First Appeal Stamp Nos.24929/2009, 24898/2009, 24936/2009, 24933/2009 & 24925/2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL STAMP NO.24929 OF 2009 WITH CIVIL APPLICATION NO.940 OF 2010 The State of Maharashtra & anr. ... APPELLANTS VERSUS Narayan s/o Baliram Kendre & anr. ... RESPONDENTS ..... Shri K.S. Patil, A.G.P. for appellants ..... W I T H FIRST APPEAL STAMP NO.24898 OF 2009 WITH CIVIL APPLICATION NO.942 OF 2010 The State of Maharashtra & anr. ... APPELLANTS VERSUS Mangala w/o Vijaykumar Biradar ... RESPONDENT ..... Shri K.S. Patil, A.G.P. for appellants ..... W I T H FIRST APPEAL STAMP NO.24936 OF 2009 WITH CIVIL APPLICATION NO.944 OF 2010 The State of Maharashtra & anr. ... APPELLANTS 2 First Appeal Stamp Nos.24929/2009, 24898/2009, 24936/2009, 24933/2009 & 24925/2009 VERSUS Balaji s/o Venkati Hundebag ... RESPONDENT ..... Shri K.S. Patil, A.G.P. for appellants ..... W I T H FIRST APPEAL STAMP NO.24933 OF 2009 WITH CIVIL APPLICATION NO.946 OF 2010 The State of Maharashtra & anr. ... APPELLANTS VERSUS Dhondiram @ Dhondiba Gangaram Motewad... RESPONDENT ..... Shri K.S. Patil, A.G.P. for appellants ..... W I T H FIRST APPEAL STAMP NO.24925 OF 2009 WITH CIVIL APPLICATION NO.948 OF 2010 The State of Maharashtra & anr. ... APPELLANTS VERSUS Ishwar s/o Narayan Kendre ... RESPONDENT ..... Shri K.S. Patil, A.G.P. for appellants ..... CORAM : R.M. BORDE, J. 3 First Appeal Stamp Nos.24929/2009, 24898/2009, 24936/2009, 24933/2009 & 24925/2009 DATED : 8th July, 2011. PER COURT : 1. The State has preferred appeals raising challenge to the judgment and award passed in Land Acquisition Reference No. 341/2005 and other companion references, decided on 19.4.2008. Agricultural lands belonging to the claimants, situated at village Sullali came to be acquired for construction of percolation tank. A notification under Section 4 of the Land Acquisition Act was issued on 7.2.2002 and after observing the procedure prescribed under Land acquisition Act, award came to be passed on 22.10.2003. The Land Acquisition Officer awarded compensation at rate of Rs. 555/- per Are. The claimants, being dissatisfied with the award passed by the Land Acquisition Officer, tendered applications requesting for making reference in the matter for determining of market value of the acquired land. The claimants claimed compensation at rate of Rs.2500/- per Are. After recording evidence, the Reference Court came to the conclusion that the market value of the acquired land shall be fixed at Rs.2000/- per Are. In case of the irrigated land to the extent of 1 hector, the Reference Court awarded compensation at the rate of Rs.3000/- per Are. 4 First Appeal Stamp Nos.24929/2009, 24898/2009, 24936/2009, 24933/2009 & 24925/2009 2. In order to substantiate the claim, the claimants have placed reliance on the evidence in the form of comparable of sale instances. The claimants have also led oral evidence to prove the sale instances placed on record. One of the sale instances, on which reliance is placed at Exh. 18, pertains to land situate at village Sullali, to the extent of 132 Ares, which has been sold for consideration of Rs.4,62,000/-i.e. at the rate of Rs.3500/- per Are. The land covered by sale instance was purchased by Sidheshwar Baburao Patil from one Kamalbai Shivajirao Patil prior to issuance of Section 4 notification. It is also pointed out that, the land covered by sale instance is at the proximate distance from the lands acquired by the State. Considering these relevant aspects and by application of certain guess work, the trial Court prescribed the value of the lands acquired by State at Rs.2000/- per Are. In case of one Narayan, claimant in L.A.R. No.343/2005, the Reference Court prescribed the value of land at Rs.3000/- in respect of an area of 1 hector, which is seasonally irrigated land. 3. After having gone through the judgment and award passed by the Reference Court and on consideration of the 5 First Appeal Stamp Nos.24929/2009, 24898/2009, 24936/2009, 24933/2009 & 24925/2009 arguments advanced by learned A.G.P., I am convinced that the view adopted by the Reference Court is reasonable and proper. The learned A.G.P. appearing for the State also referred to the oral evidence and the copies of documents filed by the claimants before Reference Court while arguing the appeal. It is to be noted that the acquired land belonging to the claimants consist of small pieces ranging from 20 Ares, 60 Ares, 57 Ares, 40 Ares and 1 Hector. The enhancement in amount of compensation directed by the Reference Court is also quite moderate and based on evidence placed on record by the claimants. Thus, are held entitled to receive very moderate amount of enhanced compensation. For the reasons recorded above, I am of the opinion that the appeals presented by the State do not call for interference. The Appeals along with Civil Applications stand dismissed. ( R.M. BORDE, J. ) fmp/fa24929.09