{1} fast1323109.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO.13231 OF 2009 WITH The State of Maharashtra and others Appellants Versus Kadu Ananda Dhangar Respondent WITH FIRST APPEAL ST.NO.13228 OF 2009 The State of Maharashtra and others Appellants Versus Subhash Supadu Dhangar Respondent WITH FIRST APPEAL ST. NO.13254 OF 2009 The State of Maharashtra and others Appellants Versus Dayaram Raoji Sonone Respondent WITH FIRST APPEAL ST.NO.13260 OF 2009 The State of Maharashtra and others Appellants {2} fast1323109.odt Versus Chhagan Trymbak Dhangar Respondent WITH FIRST APPEAL ST. NO.13264 OF 2009 The State of Maharashtra and others Appellants Versus Savji Raoji Sonone Respondent WITH FIRST APPEAL ST.NO.13268 OF 2009 The State of Maharashtra and others Appellants Versus Ramchandra Sampat Patil Respondent WITH FIRST APPEAL ST. NO.13235 OF 2009 The State of Maharashtra and others Appellants Versus Supadu Damu Dhangar (deceased), through L.Rs. & another Respondents Mr.P.P.More, A.G.P. for the appellants. {3} fast1323109.odt CORAM : R.M.BORDE, J. DATE : 30th August, 2011 P.C.: 1 These are the appeals presented by the State raising exception to the judgment and award dated 01.03.2007, passed by the Joint Civil Judge, Senior Division, Jalgaon in L.A.R. No. 1642/1998 and other companion Reference Applications. 2 Agricultural lands belonging to the Respondent- claimants, situate at village Yengaon, Tq. Bhusawal, District Jalgaon, came to be acquired by the State for the construction of percolation tank. The notification under Section 4 of the Land Acquisition Act was issued on 23.12.1993 and after following procedure prescribed under the Act, the Special Land Acquisition Officer declared award on 13.02.1996 and offered compensation at the rate of Rs.31000/- per hectare. 3 The claimants, being dissatisfied with the award of compensation by the Special Land Acquisition Officer, tendered separate applications seeking reference of the matter to the Civil Court for determination of market value of the acquired land. The claimants claimed compensation @ Rs.75,000/- per hectare in {4} fast1323109.odt respect of dry crop lands. 4 In order to substantiate their claims, claimants placed reliance on oral as well as documentary evidence. The documentary evidence produced by the claimants, consist of comparable sale instances relating to sell of agricultural lands in near vicinity. Sale deed at Exhibit-31 placed on record is in respect of the land situate at village Bodwad, which is nearby to village Yengaon. Under the said sale instance, an area to the extent of 1 hectare out of G.No.236/3 has been sold in favour of one Omkar Agrawal by Krishna Mali on 25.11.1993. The agricultural land to the extent of 1 hectare has been sold by the vendor for consideration of Rs.71,000/-. The value of the land sold under the sale instance comes to Rs.710/- per are. The witness examined by the claimant has deposed about the quality and fertility of soil of the acquired land also of the land covered by the sale instance. Considering the oral as well as documentary evidence placed on record, the Reference Court came to the conclusion that the market value of the acquired land shall be @ Rs.500/- per are i.e. Rs.50,000/- per hectare. The Reference Court accordingly directed the State Government to enhance the amount of compensation in accordance with the award. 5 I have perused the judgment and award passed by the Reference Court and heard arguments advanced by learned {5} fast1323109.odt Assistant Government Pleader appearing for the State. The learned A.G.P. has also made reference to the copies of relevant documents which were placed before the Reference Court while arguing the matter. Considering the facts and circumstances of this appeal and considering the fact that very moderate amount of enhanced compensation has been awarded by the Reference Court, in my opinion, no interference is called for in the appeals. Apart from this aspect, the lands acquired by the State Government for the public purpose belonging to the claimants, comprise of very small pieces of land thereby entitling the claimants to receive paltry sum. 6 For the reasons recorded above, appeals, being devoid of merit, stand dismissed. Pending Civil Applications do not survive and stand disposed of. R.M.BORDE JUDGE adb/fast1323109