( 1 ) fast21475.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO. 21475 OF 2010 WITH CIVIL APPLICATION NO. 11657 OF 2010 The State of Maharashtra & Ors. .. Appellants Versus Jugraj Devendra Gour & Anr. .. Respondents WITH FIRST APPEAL ST. NO. 21533 OF 2010 WITH CIVIL APPLICATION NO. 11659 OF 2010 The State of Maharashtra & Ors. .. Appellants Versus Shivaji Ranga Shivalkar & Ors. .. Respondents WITH FIRST APPEAL ST. NO. 21538 OF 2010 WITH CIVIL APPLICATION NO. 11661 OF 2010 The State of Maharashtra & Ors. .. Appellants Versus Bhagwan Shankar Koli & Anr. .. Respondents Mr. S.N. Kendre, A.G.P. for the appellant/State. ( 2 ) fast21475.10 CORAM : R.M. BORDE, J. DATED : 01.08.2011 P.C. :- 1. These are the appeals presented by the State raising exception to the judgment and award passed by the Adhoc District Judge-3, Latur, in Land Acquisition Reference No. 160 of 1994 and other companion reference applications decided on 08.04.2008. 2. The agricultural lands belonging to different claimants/respondents herein were acquired for construction of percolation tank at village Bhada, Tal. Ausa, Dist. Latur. The Notification under Section 4 of the Land Acquisition Act was issued on 06.10.1998 and after following the procedure prescribed under the Act, award came to be passed by the Land Acquisition Officer, thereby offering compensation at the rate of Rs. 140/- to Rs. 150/- per R, in respect of the acquired land. The Notification under Section 12 (2) of the act was issued by the Land Acquisition Officer on 17.04.1993, requiring the claimants to receive amount of compensation. The claimants being dissatisfied with the offer of ( 3 ) fast21475.10 compensation made by the Land Acquisition Officer in respect of acquired lands, tendered separate application seeking reference of the matter to the Civil Court for determination of the market value of the acquired lands. The claimants claimed compensation at the rate of Rs. 15,000/- per hectare. 3. In order to substantiate their claims, the claimants led oral as well as documentary evidence. The documentary evidence consists of sale instances in respect of lands situate in near vicinity of the acquired lands. The sale instance at Exhs. 21 to 25 are dated 30.05.1986 between Sayed Chand Pasha and Reheman Ali. The agricultural land to the extent of 82 R has been sold for consideration of Rs. 82,000/- on 30.05.1986 seeking valuation of the property at Rs.1000/- per R. Exh. 27 is copy of sale deed dated 20.01.1989 executed by one Rajendra Mule in favour of Mustafa Shaikh and an area of land to the extent of 91 R has been sold for consideration of Rs. 61,000/- i.e. Rs. 670/- per R. Considering the evidence in the form of comparable sale instances and also on consideration of all other relevant aspects, such as, quality and fertility of the ( 4 ) fast21475.10 lands, the Reference Court came to the conclusion that the value of the acquired land shall be Rs. 500/- per R and directed payment of enhanced amount accordingly. I have perused the judgment passed by the Reference Court also taken into consideration the copies of evidence placed on record by the learned A.G.P. while arguing the appeals. 4. Considering all relevant facts and circumstances, I am convinced that the view adopted by the Reference Court is reasonable and proper. The amount of compensation awarded by the Reference Court by way of enhancement is also quite moderate. In this view of the matter, no interference is called for in these appeals. The appeals are devoid of substance hence stand dismissed. 5. All pending Civil Applications stand disposed of. [R.M. BORDE, J.] snk/2011/AUG11/fast21475.10