1 FAST NOS.32241/10 FAST NO.32238/2010 FAST NO.32234/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FAST/32241/2010 ,With CA/16584/2010 ,In FAST/32241/2010 THE STATE OF MAHARASHTRA AND ANOTHER ...APPELLANT VERSUS SHAHU BAPU SANGLE (Died) L.RS. BABASAHEB SHAHU SANGALE , AGE 50 YEARS, OCCU. AGRICULTURE, R/O CHIKHAL BEED, TQ.WADWANI, DISTRICT BEED. ...RESPONDENT ... with FAST/32238/2010 ,With CA/16586/2010 ,In FAST/32238/2010 THE STATE OF MAHAHARASHTRA AND ANOTHER ...APPELLANT VERSUS HARIBHAU GOPALA THORAT , AGE 37 YEARS, OCCU. AGRICULTURE, R/O CHIKHAL BEED, TQ. WADWANI, DISTRICT BEED. ...RESPONDENT ... WITH 2 FAST NOS.32241/10 FAST NO.32238/2010 FAST NO.32234/2010 FAST/32234/2010 , With CA/16590/2010 ,In FAST/32234/2010 THE STATE OF MAHARASHTRA AND ANR ...APPELLANT VERSUS TUKARAM BAPU SANGLE, AGE 50 YEARS, OCCU. AGRICULTURIST, R/O CHIKHAL BEED, TQ. WADWANI, DIST.BEED. ...RESPONDENT ... Mr. S.N.Kendre, AGP for the appellant State in the appeals. ... CORAM: R.M.BORDE, J. DATE: 28/7/2011 ... PER COURT: 1. These are the appeals presented by the State, taking an exception to the judgment and award passed by the Ad hoc District Judge (I), Majalgaon, in Land Acquisition Reference No. 508/2004 and other two companion Reference Applications, decided on 7.3.2009. 2. Small pieces of agricultural lands belonging to the claimants came to be acquired for 3 FAST NOS.32241/10 FAST NO.32238/2010 FAST NO.32234/2010 construction of a percolation tank at village Chikhal Beed. The notification under Section 4 of the Land Acquisition Act was issued on 19.12.1996 and, after observing procedure prescribed under Land Acquisition Act, award came to be passed on 18.10.1997. The Special Land Acquisition Officer offered compensation at the rate of Rs.330/- per R. The claimants, being dissatisfied with the amount of compensation offered by the Special Land Acquisition Officer, tendered separate applications requesting for reference of the matter to the Civil Court for determination of the market value of the acquired lands. Claimants claimed compensation at the rate of Rs.2,000/- per R. 3. In order to substantiate their claim, the claimants placed reliance on the oral as well as documentary evidence. The documentary evidence on which reliance is placed by the claimants comprises of comparable sale instances. A sale instance dated 2.5.1994 is in respect of 59 R. land situate at village Chikhal Beed Shiwarwhich has been sole for consideration of Rs.1,00,000/- ( Rs.one lac) i.e. at the rate of Rs.1694/- per R. The another sale instance is in respect of alienation of 25 R.land from the same village which has been sold for Rs.40,000/- ( Rs. forty 4 FAST NOS.32241/10 FAST NO.32238/2010 FAST NO.32234/2010 thousand) on 4.2.1993 and the rate of agricultural land sold comes to Rs.1600/- per R. The third sale instance presented on record by the claimants is of 18 and half R land of the same village. The sale deed is dt.19.1.1993 and the price of the land sold is Rs.25,000/- i.e. Rs. 1,351/- per R. The Reference Court, on consideration of certain positive factors in respect of the sale transactions in questions, copies of which are placed on record, scaled down the the amount of cost of acquisition while determining the market value of the land. The Reference Court deducted 50 per cent amount from the cost of the land and arrived at the figure of Rs.675/- per R. and adding to it increase at the rate of 10 per cent towards escalation, per year, that has elapsed, awarded Rs.950/- per R. towards compensation for acquired land. 4. I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by Shri Kendre, learned A.G.P. Shri Kendre, learned A.G.P., has also referred to the copies of the oral and documentary evidence while arguing the matter. Considering the totality of the circumstances, I am of the opinion that the view adopted by the Reference Court is rational and proper. The enhancement in the 5 FAST NOS.32241/10 FAST NO.32238/2010 FAST NO.32234/2010 amount of compensation granted is quite marginal, and considering the fact that very small pieces of land have been acquired, thereby entitling the claimants to receive a paltry sum, I do not deem it necessary to cause interference in the appeals. The appeals are devoid of substance and stand dismissed. Civil Applications seeking stay stand disposed of. (R.M.BORDE ) JUDGE ... agp/32241-10fast