1 F.A.st.8573.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 8573 OF 2009 The State of Maharashtra ...APPELLANT. VERSUS 1. Maruti S/o Bhaurao Dhone ...RESPONDENT. WITH FIRST APPEAL STAMP NO. 8665 OF 2009 The State of Maharashtra ...APPELLANT. VERSUS 1. Arun Dnyandeo Jogdand ...RESPONDENT. ... Shri. K.S.Patil, A.G.P. for Appellant-State ... CORAM: R.M.BORDE, J. DATE : 26TH JULY, 2011. PER COURT : 1. These appeals are presented by appellant-State raising exception to the Judgment and Award passed by 3rd Adhoc Additional District Judge Beed, on 13.04.2006, in Land Acquisition Reference NO. 164 of 2005 and other companion Reference Applications. 2 F.A.st.8573.09 2. Agricultural lands belonging to claimants came to be acquired for construction of minor Irrigation Tank at Ukhanda-Chakla Taluka Shirur District Beed. Notification Under Section 4 of the Land Acquisition Act was issued on 27.02.1998 and after following procedure prescribed in the Land Acquisition Act, Land Acquisition Officer passed award on 29.02.2000. The land Acquisition Officer offered compensation in respect of acquired lands at the rate of Rs. 235 and 245/-/- per R 3. The claimants-respondents herein being dissatisfied with judgment and award tendered applications seeking reference of the mater to the Reference Court for determination of the market value of the acquired lands. The claimants claimed compensation at the rate of Rs. 1500/- per R. Reference Court after considering the evidence led by the claimants came to the conclusion that proper market value of the acquired land shall be Rs. 750/- per R. 4. In order to substantiate their claim, claimants placed reliance on the evidence in the form of comparable sale instances. In order to prove the sale instances, oral evidence of witness has also been recorded. The sale instance at Exh. 10 is dated 05.05.1996, in respect of 17 R land. This land was purchased by 17 purchasers for consideration of Rs. 42,500/- and 3 F.A.st.8573.09 the Reference Court did not find the sale instance comparable, as such discarded the same. Another sale instance is at Exh.11, in respect of 00.06 R land sold for consideration of Rs.18,000/- on 30.05.1997. The rate of the agricultural lands covered under sale instances comes to Rs. 3000/- Per R. The Reference Court considering small piece of the land covered by sale instances did not find to safe to base his conclusion on the evidence in the form of sale instances at Exh.11. The Reference Court took sale instance at Exh.16 which is in respect of 21 R Jiryat land sold for consideration of Rs.3000/- on 11.10.1995 into consideration. The land covered by sale instance Exh. 16 is sold at the rate of Rs. 1904/- per R. The Reference Court find that the land covered by sale instance at Exh.16 is situate in the vicinity of the land under Reference and as such considering advantage receivable by purchaser determined the price of the acquired land by scaling down the amount in comparison with price shown in sale deed and fixed the same at the rate of Rs. 750/- per R. The Reference Court is justified in scaling down the compensation taking advantage receivable to the purchaser in respect of land covered by sale instance at Exh.16. The view adopted by the Reference Court appears to be reasonable and proper. The amount of enhanced compensation offered by the Reference Court is quite reasonable. 4 F.A.st.8573.09 4. I have perused the judgment and Award passed by the Reference Court and the copies of evidence made available by the learned AGP while arguing the matter and considering the arguments advanced by the learned AGP, and taking into consideration the fact that very small pieces of the land belonging to different agriculturists have been acquired for public project, therefore, entitling them to receive paltry amount, the appeals presented by the appellants need no consideration. Hence, the appeals are dismissed. Sd/- [ R.M.BORDE, J. ] MTK