1 F.A.st.11593.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 11593 OF 2011 The State of Maharashtra ...APPLLENT VERSUS 1. Vitthal Mandir Kapurwadi Tq.& Dist.Ahmednagar. ...RESPONDENT. ... Shri. K.S.Patil, A.G.P. for appellant ... CORAM: R.M.BORDE, J. DATE : 26TH JULY, 2011. PER COURT : 1. Heard learned AGP for the appellant. This appeal is presented by the Appellant-State raising exception to the Judgment and Award passed by the Civil Judge Senior Division, Ahmednagar, District Ahmednagar, in Land Acquisition Reference bearing No. 504 of 1993 decided on 14th August, 2006. 2. The Agricultural land belonging to the respondent-original claimant bearing Gut No. 223 and 224 situated at village Kapurwadi, admeasuring 1H.30 R and 0.02 R respectively came to be acquired for construction of 2 F.A.st.11593.11 percolation tank at village Kapurwadi. Notification Under Section 4 of the Land Acquisition Act was issued on 24.05.1988 and after following procedure prescribed under Land Acquisition Act award came to be passed on 15.05.1992. The Land Acquisition Officer offered compensation at the rate of Rs.100/- per R, i.e. Rs.4000/- per Acre in respect of the acquired land. 3. The claimant, being dissatisfied with Judgment and Award passed by the Land Acquisition Officer, tendered separate application seeking reference of the matter to the Civil Court for determination of the market value of the acquired land. The claimant claimed enhanced compensation to the tune of Rupees one lakh per Acre in respect of the acquired land. The Reference Court on considering the evidence led by the claimants arrived at conclusion that market value of the acquired land shall be Rs. 16,000/- per Acre i.e. Rs. 400/- Per R. 4. The claimant, in order to substantiate his contention placed reliance on the evidence in the form of comparable sale instances, apart from oral evidence. Exh. 40 is sale instance dated 02.05.1989 , in respect of 20 R land, which has been sold for consideration of Rs. 20,000/-. The price of the land covered by the sale instance is Rs.1000/- Per R and sale deed is pre 3 F.A.st.11593.11 notification sale. There is no evidence led by the appellant-State. Apart from this the Reference Court while awarding compensation has scaled down price by 50% while determining compensation in respect of the acquired land by giving allowances to different ‘minus factors’. The determination of compensation at the rate of Rs. 400/- per R by Reference Court is quite reasonable and proper. 5. Considering all relevant circumstances, I am of the view that Reference Court has adopted reasonable approach in the matter and directed moderate enhanced in amount of compensation. In this view of the matter no interference is called for. The appeal, being devoid of substance, stands dismissed. Sd/- [ R.M.BORDE, J. ] MTK