fast14449.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 14449 OF 2009 The State of Maharashtra ...Appellant Versus Sakharam Bhagaji Kalake and another ...Respondents WITH FIRST APPEAL (ST.) NO. 14439 OF 2009 FIRST APPEAL (ST.) NO. 14452 OF 2009 FIRST APPEAL (ST.) NO. 14446 OF 2009 FIRST APPEAL (ST.) NO. 14443 OF 2009 ..... Mr. K.S. Patil, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Patil, learned AGP for the appellants. 2 These are the appeals presented by the State of Maharashtra raising exception to the judgment and award passed by the learned 7th Adhoc Additional District Judge, Beed on 27.04.2006, whereby the Reference Court directed enhancement in the amount of compensation to the claimants-respondents herein in respect of their acquired agricultural properties. fast14449.09 -2- 3 The lands belonging to the respondents original claimants situate at village Kolwadi, Tq. and district Beed came to be acquired by the State government for the purpose of construction of percolation tank. The acquired properties comprise of small pieces of agricultural lands. The Land Acquisition Officer, after following the procedure prescribed under the Act passed an award and determined the value of the acquired property at Rs.190/- per R. The claimants being dissatisfied with the award passed by the Land Acquisition Officer, tendered applications for making reference to the Civil Court for the purpose of determining proper market value of the acquired property. The claimants claimed compensation at Rs.2000/- per R. The Reference Court after receiving the evidence led by the respective claimants came to the conclusion that the proper market value of the acquired lands shall be Rs.600/- per R and Rs.540/- per R and directed payment of enhanced compensation accordingly. 4 I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by learned AGP for the appellant-State. The claimants, in order to substantiate their contentions had placed reliance on comparable sale instances placed on record at Exh.15 and 16. The sale instances pertain to the period prior to issuance of Section 4 notification and as such are relevant for fast14449.09 -3- consideration. The claimants have also examined witnesses to prove the sale instances at Exh. 15 and 16. The value of the transaction covered by the sale instances is at Rs.1666/- and Rs.1481/- per R. during the year 1991-93. Section 4 notification in the instant appeals has been issued on 31.10.1995. Considering evidence in the form of comparable sale instances, the reference Court has determined the market value of the acquired property. The sale instances placed on record at Exh. 15 and 16 pertain to small pieces of lands and agricultural properties acquired by the State belonging to the claimants, also comprises of small pieces of lands. The sale instances placed on record are comparable and can be taken as guide for determining of market value of the agricultural property at the relevant time. On perusal of the judgment of the Reference Court, I am of the opinion that the Reference Court has considered all relevant aspects and determined market price of acquired land which is quite moderate. In this view of the matter, no interference is called for in the appeals. The appeals presented by the State Government are devoid of substance and same stand dismissed accordingly. ( R.M. BORDE. J.) rlj/