fast20858.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 20858 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Shrihari Punda More .. RESPONDENT WITH FIRST APPEAL ST. NO. 20856 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Ganesh Sambhaji Surnar & another .. RESPONDENTS WITH FIRST APPEAL ST .NO. 20854 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Tukaram Punda More .. RESPONDENT WITH FIRST APPEAL ST. NO. 20852 OF 2010 The State of Maharashtra & another .. APPELLANTS fast20858.10 2 VERSUS Ram Nivarti Bhale .. RESPONDENT WITH FIRST APPEAL ST. NO. 20813 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Ganpati Punda More .. RESPONDENT WITH FIRST APPEAL ST. NO. 20867 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Sambhaji Tulshiram Surnar .. RESPONDENT WITH FIRST APPEAL ST. NO. 20864 OF 2010 The State of Maharashtra & another .. APPELLANTS VERSUS Sadhu Dhondiba Bhale .. RESPONDENT WITH FIRST APPEAL ST. NO. 20862 OF 2010 fast20858.10 3 The State of Maharashtra & another .. APPELLANTS VERSUS Bhanudas Punda More .. RESPONDENT Mr. P.P. More, AGP for the appellants. ===== CORAM : R.M. BORDE, J. DATE : 29 th August, 2011 PER COURT : 1 These are the appeals presented by the State Government raising exception to the judgment and award passed by the Jt. Civil Judge, Sr.Dn., Ahmedpur in LAR No. 265/2004 with other companion reference applications decided on 26-4-2007. 2 Agricultural lands belonging to the claimants situate at village Sindgi (Kh), Tq. Ahmedpur, Dist. Latur came to be acquired for construction of Urdhav Mahar Project. Notification under section 4 of the Land Acquisition Act was issued on 1-1-1998 and, after following the procedure prescribed under the Act, award came to be passed by the Special Land Acquisition Officer on 31-3-2001. The Special Land Acquisition Officer offered fast20858.10 4 compensation at the rate of Rs. 245/- per R. Claimants being dis-satisfied with the offer of compensation made by the Special Land Acquisition Officer, tendered separate applications seeking reference of the matters to the civil court for determination of market value of the acquired lands. 3 In order to substantiate their contentions, claimants placed reliance on the oral as well as documentary evidence. Documentary evidence consists of comparable sale instances in respect of sale of agricultural lands in the near vicinity. Claimants placed reliance on sale instance at exh. 21 which is in respect of alienation of 15 R land which has been sold for consideration of Rs. 30,000/-. The sale instance is admittedly a pre- notification sale. The land covered by the sale instance is situate at village Mogha at a distance of about 1 km. from the acquired land. It is stated that village Sindgi and Mogha are adjacent to each other and both villages have common boundary. Acquired lands are rich black cotton soil and the claimants used to take two crops in the year. Considering the quality and fertility of the acquired lands and on considering the documentary evidence in the form of sale instance, reference court arrived at conclusion that the market price of the acquired lands shall be at Rs. 29,400/- per acre. fast20858.10 5 4 I have perused the judgment and award passed by the reference court and heard arguments advanced by learned AGP for the State. Learned AGP has also referred to the copies of the relevant evidence while arguing the appeal. In the instant matter, reference court has directed quite moderate enhancement in the amount of compensation and such enhancement directed by the reference court is based on appreciation of evidence placed on record. It is also to be taken note of that very small pieces of lands have been acquired for public project thereby entitling the claimants to receive partly sum. In this view of the matter, in my opinion, no interference is called for in the instant appeals. Appeals are devoid of substance hence stand dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb