1 FA St.No.12650/2010 & Anr IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.12650/2010 WITH CA NO.7989/2010 The State of Maharashtra Through Collector, Latur. - APPELLANT VERSUS Ram Shankarrao Patil Died his L.rs. Shivaji Ramrao Patil - RESPONDENTS WITH FIRST APPEAL ST.NO.12686/2010 WITH CA NO.7087/2010 The State of Maharashtra Through Collector, Latur. - APPELLANT VERSUS Kesharbai Shivaji Patil - RESPONDENT ***** Mr.SM Kendre, AGP for Appellant/State. ----- CORAM : R.M.BORDE, J. DATE : 29th July, 2011. PER COURT : 1) These are the appeals presented by the 2 FA St.No.12650/2010 & Anr State, raising exception to the judgment and Award dated 27.11.2007 passed in LAR No.1119/1999 & 1001/1999 by Ad hoc District Judge-3, Latur. 2) The agricultural lands of the respondents/original claimants comprising of small pieces, came to be acquired for settlement of village Utka for earth-quake affected persons. 3) A notification under Section 4 of the Land Acquisition Act, 1894 was issued on 3.7.1997 and after following the procedure prescribed under the Act, Award came to be passed on 26.2.1999. The Land Acquisition Officer offered compensation @ Rs.270/- per R. The claimants, being dissatisfied with the compensation amount awarded by the Special Land Acquisition Officer, presented separate applications, seeking land references to the civil court for determination of compensation of the acquired agricultural lands. The claimants claimed compensation @ Rs. 80,000/- per acre. In order to substantiate their claims, the claimants placed reliance on the evidence in the form of comparable sale instance apart from examining themselves and their witnesses on oath. There are three sale- instances placed on record by the claimants being at Exhibits-19, 20 and 21. Exhibit-19 is the sale-deed dated 11.7.1995 in respect of 2 acres 3 FA St.No.12650/2010 & Anr and 23 gunthas land which has been sold for consideration of Rs.1,90,000/- The second sale instance is at Exhibit-20, between Ramprasad Govind Mahavarkar and Sheshrao Shamrao Mahavarkar dated 5.5.1997 in respect of land Gut No. 268, out of which, an area to the extent of 10 R. has been sold for the consideration of Rs.50,000/-. The third sale-instance is between one Ranubai w/o Digambar Tore, Sagar Shivram Rote and Shivanand Trimbak Utage. An area to the extent of 1 acre and 29 gt. Was sold out of Gut No. 133 for the consideration of Rs.1,10,000/- on 22.6.1992. Apart from the sale instances referred to above, the claimants placed reliance on the common judgment in LAR Group No.486/1995 dated 18.9.1998 passed by Civil Judge, Senior Division, latur. Considering the evidence in the form of sale instances in respect of the agricultural lands situated in the vicinity of the acquired lands and on consideration of the judgment passed by the Civil Judge, Senior Division, Latur in LAR No.486/1995, the reference court came to the conclusion that the proper market value of the acquired land shall be Rs.540/- per R. and accordingly, directed the State to pay enhanced amount of compensation to the claimants. 4) I have perused the judgment and Award passed by the Reference Court and heard the 4 FA St.No.12650/2010 & Anr arguments advanced by learned AGP for the State. The learned AGP has also placed on record the relevant record relied on by the Reference Court while passing the Award. I am of the view that the reasons recorded by the Reference Court for granting enhanced compensation to the claimants, are proper and justifiable. Considering the meagre amount of enhancement directed to be paid to the claimants and considering further fact that very small pieces of land belonging to the claimants have been acquired, thereby entitling them to receive a very meager amount, I do not deem it proper to cause interference in these appeals. The Appeals are devoid of substance, hence stand dismissed. 5) In view of dismissal of the appeals, CA for stay do not survive, they are disposed of. The Appellant is entitled to refund claim refund of court fees as per the Rules. (R.M.BORDE,J.) bdv/