1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.284 OF 1994. Baburao s/o Hanmantrao Muskuwar Age: 55 Yrs., occu. Agril. & Service, r/o Gudsur, Tq.Udgir, District Latur. - APPELLANT (orig. Claimant) VERSUS The State of Maharashtra. - RESPONDENT ***** Mr.SS Choudhari, Advocate for Appellant; Mr.SD Kaldate,AGP for Respondent-State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 24th March, 2010. JUDGMENT: 1) Heard learned Counsel for Appellant and learned AGP. 2) The claimant, landholder, felt that the Award by the learned Reference Court dated 27th July, 1990 in L.A.R.No.34/1984 being on lower pedestal, preferred this appeal, which is admitted on 4th August, 1994. 2 3) Before the learned Reference Court, there was evidence of Nivrati s/o Tukaram Marlapale, who has deposed that Triveni is his wife, land of 17 Ares from Dongar Shelki belonging to him was acquired for public purpose. In his land, there was a well, tamarind trees. Another land about 44 R. in the area was taken from survey number and 68 Ares from Gudsur was also acquired. 4) Evidence of PW 2 – Ramchandra s/o Kundlik Parge indicated, Vithabai sold 1 acre and 30 gunthas land to Ganpati for Rs.30,000/-, he was witness to the transaction. The land was adjacent to the land of Vithabai. Evidence of PW 3 – Dnyanoba s/o Jotiba Mogale showed that he had purchased the land from Bapurao for Rs.30,00/-, admeasuring 1 acre and 31 gunthas. He says, Dongar-shelki is 2 ½ kms away from his village while Gudsur is 4 ½ kms away. Lohara happens to be a railway station on Parli-Secunderabad railway line. His land is at a distance of two 3 minutes walk from the railway station. Population of Lohara is 10,000. 5) The land Survey No.141/2 to the extent of 456 gunthas belonging to the claimant/appellant from village Gudsur acquired for public purpose. A Notification under Section 4 of the Land Acquisition Act, was issued on 20.1.1983 and 3.11.1983. 6) The learned Judge found that the sale instances up to 1979 have been proved and the average price drawn on such sale could not be anything other than Rs.3,200/- per acre. The lands of Lohara, Nawandi and Hipparga are at some distance from the land in question. 7) The learned Judge having meticulously examined the evidence, reached to the conclusion that the reasonable market price on comparison of the prices in 1979 at Nawandi, Lohara and Hipparga could be Rs.5,000/- per acre. 4 8) The learned Judge certainly erred in ignoring the sale instances from the adjoining village. Though they are branded as adjoining village, the distance is not far-fetching, but the entire pockets of different villages are in the form of cluster, without making availability of any room to segregate. It is indeed, unified compact of habitation. These aspects also need consideration. Before the learned Judge, there were sale-deeds at Exhibit-22, 23 and 24, proved by Evidence of Ramchandra, Dnyanoba. The land at Lohara was sold at Rs.20,000/- per acre; the land at Hipparga was @ Rs.10,000/- per acre; and land at Nawandi was sold at Rs.16,000/- per acre. Even if a competitive price could be found to have been paid by one of the land-holder, as his land was adjacent to the purchased land, however, such hint by itself will not be a ground to reject such sale-instances. At the most, it will dilute the claim assessed by the claimant. Such sale instance, in my view, need not be abruptly discarded. 5 9) On analysis of the evidence, I find that the learned Judge should have considered the sale-instances referred above, particularly the villages being close to each other, situate nearby the Lohara railway station and should have awarded the compensation @ Rs.7,500/- per acre, which he made it @ Rs.5,000/-. 10) In the result, the appeal is partly allowed. The Award of Reference Court is modified from Rs.5,000/- per acre to Rs. 7,500/- per acre, with the consequential benefits arising therefrom statutorily to be given to the appellant/claimant by the State. Decree accordingly. No costs. sd/- (K.U.CHANDIWAL) JUDGE bdv/fa284.94 Authenticated copy (BD VADNERE,PS)