{1} fast2480009.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.24800 OF 2009 1 The State of Maharashtra, through – the Collector, Beed. 2 The Executive Engineer, Minor Irrigation (E.G.S.), L.S., Beed. Appellants Versus Shamrao s/o Shripati Solanke, (died, through L.Rs.): 1 Mahadeo s/o Shamrao Solanke, age: 47 years; 2 Bhimrao s/o Shamrao Solanke, age: 45 years; 3 Shahadeo s/o Shamrao Solanke, age: 40 years; 4 Angad s/o Shamrao Solanke, age: 38 years; All – Occ: Agriculture, R/o Nalwandi, Tq. Patoda, District Beed. Respondents WITH FIRST APPEAL ST.NO.24795 OF 2009, AND 1 The State of Maharashtra, through – the Collector, Beed. {2} fast2480009.odt 2 The Executive Engineer, Minor Irrigation (E.G.S.), L.S., Beed. Appellants Versus Babasaheb s/o Shripati Solanke, age: 70 years, Occ: Agriculture, R/o Salunkewadi U/v Nalwandi, Tq.Patoda, District Beed. Respondents WITH FIRST APPEAL ST.NO.24765 OF 2009 1 The State of Maharashtra, through – the Collector, Beed. 2 The Executive Engineer, Minor Irrigation (E.G.S.), L.S., Beed. Appellants Versus Ganpati s/o Shripati Solanke, (died, through L.Rs.): 1 Vishnu s/o Ganpati Solanke, age: 47 years; 2 Vasudeo s/o Ganpati Solanke, age: 45 years; Both Occ: Agricultural, R/o Nalwandi, Tq. Patoda, District Beed. Respondents Mr.K.S.Patil, A.G.P. for appellant-State. {3} fast2480009.odt CORAM : R.M.BORDE, J. DATE : 15 th June, 2011 PER COURT: 1 These are appeals presented by the State raising exception to the common award passed by Ad hoc District Judge-3, Beed on 15.04.2008 in group of three Land Acquisition References. 2 The lands belonging to the claimants admeasuring 27 ares, 27 ares, 63 ares and 19 ares, 10 ares, 24 ares, out of S.No. 153, situate at village Nalwandi, District Beed, were acquired for construction of village tank. The Notification under Section 4 was published on 25.05.1995 and after following procedure prescribed by Land Acquisition Act, the Land Acquisition Officer, passed an award on 22.06.1999 and determined the compensation payable to the claimants at the rate of Rs.230/- per are. 3 The claimants, being dissatisfied with the award passed by the Land Acquisition Officer, tendered separate applications for making Reference to the Civil Court for the purpose of determining proper market value of the acquired land. The References were heard and disposed of by Ad hoc District Judge-3, Beed. The Reference Court, by judgment and award dated 15.04.2008, after appreciating the evidence placed on record by the claimants, directed enhancement in the compensation payable to the claimants and fixed value of the acquired land @ Rs. {4} fast2480009.odt 1000/- per are. 4 The claimants, in order to substantiate their claim, have placed reliance on the evidence in the form of comparable sale instances produced on record at Exhibits-17, 18 and 19. Exhibit-17 is the sale instance dated 26.03.1993 in respect of 16 ares land, out of S.Nos.76 and 77 at village Nalwandi, which was purchased by one Ramrao Mandalik from Mohan Mandalik, for a consideration of Rs.25,000/-. The rate of the agricultural land covered by the sale instance comes to Rs.1562/- per are. Exhibit-18 is the sale instance dated 16.06.1994. The land admeasuring 50 ares, out of S.No.138, situate at village Nalwandi, has been purchased by Godaba Bharwal from Shantabai Yede on 16.06.1994, for consideration of Rs.60,000/-. The rate of agricultural land covered by the sale instance at Exhibit-18 comes to Rs.1200/- per are. The third sale instance is at Exhibit-19, which is in respect of land admeasuring 5 ares, out of S.No.77, purchased by one Housrao Mandalik from Jotiram Mandalik, on 11.07.1995, for a consideration of Rs.11,000/-. The rate of the agricultural land covered by sale instance at Exhibit-19 comes to Rs.2200/- per are. The Reference Court found that sale instance at Exhibit-19 is a post-Notification sale instance and as such not suitable for determining the market value of the acquired land. The sale instances at Exhibits-17 and 18 have been proved by P.W. 1-Vishnu Solanke who has stated about the quality and fertility of {5} fast2480009.odt the soil of acquired lands and lands covered by the sale instances. The Reference Court, after considering evidence in the form of sale instances and on consideration of oral evidence of the claimants, has arrived at a conclusion that the market value of the acquired lands shall be @ Rs.1000/- per are and directed payment of compensation accordingly. 5 On perusal of the judgment and award passed by the Reference Court and after hearing the learned A.G.P., appearing for the State, I am convinced that the Reference Court has adopted reasonable view of the matter. I further find that the enhancement in the amount of compensation directed by the Reference Court is also quite moderate. The pieces of agricultural land acquired comprise of small fragments and thus the claimants are held entitled to receive paltry sum. In this view of the matter, no interference is called for in the appeals. Appeals are devoid of substance. 6 All these appeals stand rejected. Pending Civil Applications stand disposed of. R.M.BORDE adb/ca1301309 JUDGE