fast22751.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 22751 OF 2009 The State of Maharashtra ...Appellant Versus Shamrao Ramji Dhakane (Died through L.Rs.) Balaji Shamrao Dhakane and others ...Respondents WITH FIRST APPEAL (ST.) NO. 22947 OF 2009 FIRST APPEAL (ST.) NO. 22949 OF 2009 ..... Mr. K.S. Patil, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 24TH JUNE, 2011 PER COURT:- 1 Heard Shri Patil, learned AGP for the appellants. These three appeals are presented by the State raising exception to the common judgment and award passed in L.A.R. No. 243 of 2002 and other companion References by the learned Joint Civil Judge, Senior Division at Ahmedpur on 20.11.2006 directing enhancement in the amount of compensation payable to the respondents-claimants. 2 The agricultural lands belonging the respondents-claimants fast22751.09 -2- came to be acquired for the purpose of construction of percolation tank No.1 at village Yestar, Tq. Ahmedpur, District Latur. The Land Acquisition Officer, after following procedure as prescribed under Land Acquisition Act offered compensation at Rs.320/- per R i.e. Rs. 12,800/- per acre. 3 The claimants being dissatisfied with the amount of compensation, offered by the Land Acquisition Officer, tendered applications seeking reference of the matter to the Civil Court for determination of market value of acquired property. The claimants placed reliance on the evidence in the form of comparable sale instance and also oral evidence to substantiate their claims. The claimants claimed compensation at Rs.1,50,000/- per acre. It is deposed by C.W.1 Balaji that One Gajrabai Uttam Rathod had purchased land from one Sakhubai Kadam out of survey Nos.70 and 81 admeasuring 1 H 13 R and 55 R for consideration of Rs.1,60,000/- on 26.8.1997. The land covered by the sale instance is situate at village Dhalegaon and the said village is quite near to the village of claimants. The claimants’ witness has also stated about similarity, quality and fertility of the land. The sale instance placed on record is pre notification sale and the Reference Court taking into consideration the value of the agricultural lands covered in the said sale instance has prescribed the market value of the acquired lands at Rs.1000/- per R fast22751.09 -3- and granted enhancement at Rs.680/- per R in favour of the claimants. 4 I have perused the judgment and award passed by the Reference Court so also the copies of the relevant record made available by the learned AGP while arguing the appeals. It is observed that the lands acquired are small pieces of lands i.e. 3 R, 46 R and 118 R. Considering the meager enhancement in the amount of compensation awarded by the Reference Court and considering the fact that small portions of land have been acquired as in case of two claimants 3 R and 46 R respectively, I do not deem it proper to cause interference in these appeals. The appeals presented by the State government are devoid of substance and same stand dismissed. ( R.M. BORDE. J.) rlj/