1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD F.A. (ST) NO. 5229 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Raghunath Bhimrao Panchal and another. Respondents WITH F.A. (ST) NO. 5220 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Sow. Mangal w/o Vaijinath Hudge and another. Respondents with F.A. (ST) NO. 5235 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Shripati s/o Rama Panbone (dead) and others. Respondents 2 with F.A. (ST) NO. 5217 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Karbas s/o Gurunathappa Mule and another. Respondents with F.A. (ST) NO. 5247 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Namdeo s/o Dhondiba Bharanpure and another. Respondents with F.A. (ST) NO. 5244 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Govind Narayan Panbone and another. Respondents 3 with F.A. (ST) NO. 5241 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Shantabai Babu Kole and another. respondents with F.A. (ST) NO. 5236 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Namdeo Maruti Panbone and another. respondents with F.A. (ST) NO.5230 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Narayan s/o Sadhu Panbone (dead) through legal heirs Atmaram and another. respondents 4 with F.A. (ST) NO. 5226 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Laxman s/o Rangrao Bharhanpure and another. respondents. with F.A. (ST) NO. 5251 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Sidramappa Jangam (dead) through his legal heir Baswant Jangam and another. respondents. with F.A. (ST) NO. 5223 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Maheboob s/o Kasim Shaikh and another. respondents 5 with F.A. (ST) NO. 5201 OF 2011 The Executive Engineer Lower Tairna Project Division 2 Nilanga District Latur. Appellant V E R S U S Ram s/o Jyoti Kumbhar and others. Respondents Mr. Umakant K. Patil Advocate for appellant/s Mr.K.A.Kadam Advocate for respondent No.1. Mr. T.S.Londhe/Mr. N.R.Shaikh AGP for R-2. .... CORAM : R.M.BORDE, J. DATE : 20 th JUNE, 2011. PER COURT : 1. These are the appeals presented by the appellant/s – acquiring body raising exception to the judgment and award passed by Civil Judge Senior Division,Nilanga in group of Reference Applications presented by respective claimants seeking enhancement in amount of compensation receivable by them. Lands belonging to respective claimants came to be acquired for construction of Lower Terna Left canal of village Shindkhed. The 6 acquired lands comprise of small pieces even below 1 Acre area. Notification under section 4 of Land Acquisition Act was issued on 10.6.1998 and after following procedure prescribed in Land Acquisition Act award came to be passed by Land Acquisition Officer, prescribing market value of the acquired property at Rs. 565/-per Aar. Claimants being dis-satisfied by the award passed by Land Acquisition Officer, presented separate applications seeking enhanced compensation of the acquired property. Claimants claimed compensation @ Rs.3.00 lacs per Acre. Reference Court, however, on considering relevant evidence on record placed by the claimants fixed market value of acquired property at Rs.880/- per are and directed payment of enhanced compensation accordingly. In order to substantiate their claim, the claimants have placed reliance on evidence in the form of comparable sale instances at Exh.20, 21 and Exh.22. These Sale instances are in respect of alienation of agricultural property from Nilanga, Shivani- kotal which are the nearest villages. Sale instances are pre- notification sale and as such form basis for determination of market 7 value of acquired land. Trial Court accepted evidence in the form of sale instance at Exh.22 in respect of alienation of agricultural property to the extent of 82 R out of S.No.70/2-A-1 and 70/A-1 agricultural property has been alienated @ Rs.60,000/- as such market price of the property covered by the sale instance is approximately at Ex.880/- per are. The claimants have also placed reliance on the sale instance at Exh.32 whereby one Dhanraj purchased the land 85 are for consideration of Rs.53,000/- on 30.10.1998. Said sale instance is also pre-notifcatiion sale and as such relevant for consideration. Reference Court on consideration of evidence in the form sale instances, determined market value of acquired land at Rs.880/- per Are. 2. With the assistance of learned counsel Mr. Patil appearing for the appellants, I have perused the impugned judgment and award. Learned counsel for appellants also made available copies of the relevant evidence for perusal. On consideration of evidence placed on record by claimants, I am of the opinion that Reference Court has adopted reasonable view in 8 the matter and has directed payment of enhanced amount of compensation which is quite marginal. Apart from this aspect, small pieces of agricultural properties have been acquired and the claimants are held entitled to receive meager amount. For the reasons recorded above, I am of the view that, no interference is called for in this Group of First Appeals. Appeals are devoid of substance hence stand rejected. ( R.M.BORDE ) JUDGE ... aaa/5229.11