fast18750.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL ST. NO. 18750 OF 2009 The State of Maharashtra & another .. APPELLANTS VERSUS Rama Narayan Kale & another .. RESPONDENTS Mr. S.N. Kendre, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 28 th JUNE, 2011. PER COURT : 1 This is an appeal preferred by the State challenging judgment and award passed by the 4 th Ad-hoc Additional District Judge, Beed in LAR no. 769/1999 decided on 16-9-2004. 2 Land belonging to the claimant to the extent of 1 H and 47 R out of block no. 38 situate at village Mamdapuri, Tq. Patoda, Dist. Beed came to be acquired for construction of additional village tank at village Mamdapuri. Notification under section 4 of the Land Acquisition Act was published on 19-6-1997 and, after following the procedure prescribed under the Act, fast18750.09 2 award came to be passed on 22-7-1998 whereby compensation at the rate of Rs. 245/- per R was offered to the claimants. Claimants being dis-satisfied with the award passed by the Land Acquisition Officer, tendered application seeking reference of the matter to the civil court for determination of market value of the land. Claimants claim compensation at the rate of Rs. 1,000/- per R. 3 In order to substantiate their claim, claimants placed reliance on the evidence in the form of comparable sale instances. Exh. 18 is the certified copy of the sale-deed executed by one Nanasaheb in favour of one Ramu Saheba Fulmali. Land covered under the sale instance is out of block no. 7 situate at village Mandapuri and area alienated is .07 R for consideration of Rs. 21,000/-. Another sale instance is between Ramrao Nalawade and Kishan Aaher which is placed on record at exh. 19 whereby land to the extent of 20 R out of block no. 14 came to be alienated for consideration of Rs. 15,000/-. Exh. 24 is the copy of the sale-deed dated 24-6-1996 in respect of alienation of 41 R land out of block no. 14. One Rukhminibai Nalawade alienated agricultural land in favour of Tanaji Aaher for consideration of Rs. 45,000/-. Another sale instance at exh. 25 is dated 3-6-1996 whereby an area to the extent of 41 R out of block no. 45 has been alienated in favour of one fast18750.09 3 Sakhubai Gore for consideration of Rs. 45,000/-. On consideration of the sale instances, reference court by applying certain guess work reached conclusion that the value of the acquired land shall be Rs. 600/- per R. Reference court accordingly directed payment of enhanced compensation alongwith statutory benefits to the claimants. 4 On perusal of the judgment as well as on going through the record made available by learned AGP at the time of arguing the appeal, I am convinced that the amount awarded by the reference court in respect of acquired property is quite marginal. Considering the meager amount of compensation offered by the reference court and considering the further fact that small piece of agricultural land have been acquired for the project, I do not deem it appropriate to cause interference in this appeal. Appeal is devoid of substance hence stands dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb