( 1 ) fast13340.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO. 13340 OF 2010 WITH CIVIL APPLICATION NO. 7884 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Shamrao Rama Surwase .. Respondent WITH FIRST APPEAL ST. NO. 13274 OF 2010 WITH CIVIL APPLICATION NO. 7888 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Kashinath Gursidh Chitkote (died) LRs & Ors.. Respondents WITH FIRST APPEAL ST. NO. 13313 OF 2010 WITH CIVIL APPLICATION NO. 7896 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Goroba Limba Shinde .. Respondent WITH FIRST APPEAL ST. NO. 13337 OF 2010 WITH CIVIL APPLICATION NO. 7894 OF 2010 ( 2 ) fast13340.10 The State of Maharashtra & Anr. .. Appellants Versus Namdeo Rama Surwase .. Respondent WITH FIRST APPEAL ST. NO. 13320 OF 2010 WITH CIVIL APPLICATION NO. 7892 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Muktabai Nagappa Rachatte died through LRs. .. Respondent WITH FIRST APPEAL ST. NO. 13325 OF 2010 WITH CIVIL APPLICATION NO. 7890 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Mamtaji Babu Kshirsagar .. Respondent WITH FIRST APPEAL ST. NO. 13346 OF 2010 WITH CIVIL APPLICATION NO. 7898 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Muktabai Nagappa Rachatte Died - Through LRs... Respondent ( 3 ) fast13340.10 WITH FIRST APPEAL ST. NO. 13328 OF 2010 WITH CIVIL APPLICATION NO. 7886 OF 2010 The State of Maharashtra & Anr. .. Appellants Versus Vishnu Babarao Shinde .. Respondent Mr. T.S. Lodhe, A.G.P. for the appellant/State. CORAM : R.M. BORDE, J. DATED : 01.08.2011 P.C. :- 1. These are the appeals presented by the State raising exception to the judgment and award passed by the Adhoc District Judge-2, Latur, in a group of Land Acquisition Reference No. 434 of 1997 and other companion matters, decided on 14.11.2008. 2. The Agricultural Lands belonging to the claimants came to be acquired for construction of percolation tank at village Shivli. Notification under Section 4 of the Land ( 4 ) fast13340.10 Acquisition Act was issued on 07.04.1994 and after following the procedure prescribed under the Land Acquisition Act, the award came to be passed on 29.01.1996. The Land Acquisition Officer offered compensation in respect of acquired land at the rate of Rs. 190/- per R and Rs. 250/- per R, considering the quality and fertility of the soil. The claimants being dissatisfied with the amount of compensation offered by the Land Acquisition Officer, tendered separate application seeking reference of the matter to the Civil Court for determination of the market price. The claimants claimed compensation at the rate of Rs. 90,000/- per acre. 3. In order to substantiate their claims, the claimants placed reliance on oral as well as documentary evidence in the form of sale instances and judgments delivered by the Reference Court pertaining to the acquisition of the lands in the adjoining area. Exh. 27 is certified copy of sale-deed dated 30.01.1989 executed by one Rajendra Mule in favour of one Mustafa Amir Shaikh in respect of land Survey No. 9 admeasuring 91 R situated at Andora Tal. Ausa, which has been sold for consideration of Rs. 61,000/- ( 5 ) fast13340.10 i.e. Rs. 670/- per R. The claimants have placed reliance at Exh.28, which is copy of the judgment in group of land acquisition references bearing No. 1146 of 1992, where-under the Reference Court awarded compensation at the rate of 620/- per R in respect of acquired lands. Exh. 29 is certified of judgment in L.A.R. No.1147 of 1992 where-under the Court prescribed amount of compensation at the rate of Rs. 625/- per R in respect of dry crop land. Copy of judgment placed on record pertaining to acquisition of land in the adjoining areas, as such, is relevant for consideration for arriving at conclusion in respect of market price of the acquired land. On consideration of the evidence placed on record the Reference Court reached to the conclusion that the market price of the acquired land shall be Rs. 620/- per R and directed the State to make payment accordingly. 4. I have perused the judgment and award passed by the Reference Court and heard arguments advanced by the learned A.G.P. While arguing the appeals, learned A.G.P. also made available copies of evidence in the form of sale instances and certified copies of the judgment on which reliance was ( 6 ) fast13340.10 placed. On scrutinizing the evidence as well as the evidence produced for perusal and on consideration of the reasons recorded by the Reference Court and the judgment, I am of the considered opinion that the view taken by the Reference Court is rational and proper. The enhancement in the amount of compensation is quite moderate. 5. For the reasons recorded above, I do not deem it appropriate to cause interference in these appeals. The appeals are devoid of substance and hence stand dismissed. 6. All pending Civil Applications stand disposed of. [R.M. BORDE, J.] snk/2011/AUG11/fast13340.10