{1} fast1446210.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO.14462 OF 2010 The State of Maharashtra and others Appellants Versus Sukhadeo s/o Mamtaji Khandare and others Respondents Mr. S.N.Kendre, A.G.P. for the appellants. CORAM : R.M.BORDE, J. DATE : 30th August, 2011 P.C.: 1 This is an appeal presented by the State raising exception to the judgment and award dated 30.07.2009, passed by District Judge-I, Beed in L.A.R. No.743 of 2006. 2 The agricultural land belonging to the claimants came to be acquired for construction of percolation tank at village Karegavan, Taluka and District Beed. The notification under Section 4 of the Land Acquisition Act was issued on 31.08.1995 and after following procedure prescribed under the Land Acquisition Act, award came to be passed on 19.03.1999. The Land Acquisition Officer offered compensation @ Rs. 200/- and Rs.225/- per are, considering the quality and fertility of the soil. 3 The claimants, being dissatisfied with the offer of {2} fast1446210.odt compensation made by the Land Acquisition Officer, tendered separate application seeking reference of the matter to the Civil Court for determination of proper market value of the acquired land. The claimants claimed compensation @ Rs.1200/- per are. Considering the evidence placed on record, the Reference Court has awarded compensation @ Rs.640/- per are, which award is subject matter of challenge in this appeal. 4 In order to substantiate their claim, the claimants have placed reliance on three sale instances placed on record at Exhibits-14, 15 and 16. Exhibit-14 is the sale instance dated 19.10.1989 between one Baburao Khandare, Tatya Khandare and Subhash Khandare in respect of land G.No.295, whereby 22 ares land was sold for consideration of Rs. 15,000/-. The rate of the land sold under sale instance Exhibit-14 comes to 681.80 per are. Exhibit-15 is the sale instance between Raosaheb Khandare and Kashinath Khandare executed on 24.04.1990, whereby 50 ares land was sold for consideration of Rs.30,000/- out of G.No.44. The market value of the land covered under sale deed at Exhibit-15 comes to Rs.600/- per are. The third sale instance is in respect of sale deed dated 12.07.1993 executed between Zumbar Khandare and Shahaji Khandare, whereby 10 ares land, out of G.No.171, was sold for consideration of Rs. 15000/- and the market rate of the land comes to Rs.1500/- per are. The Reference Court has considered sale instances at Exhibits-14 and 15 to be comparable and proceeded to determine market value of the acquired lands on the strength of evidence in the form of these two sale deeds. 5 I have perused the judgment and award passed by the {3} fast1446210.odt Reference Court and heard arguments advanced by learned Assistant Government Pleader and also scrutinised the relevant evidence, copies of which were made available by the learned A.G.P. while arguing the appeal. In my opinion, the Reference Court has taken a reasonable view of the matter and amount of enhancement, that has been directed to be paid, is quite meager and that too, based on the evidence placed on record by the claimants. Considering the facts and circumstances of this case, I am of the view that no interference is called for in this appeal. 6 Appeal, therefore, stands dismissed. Pending Civil Application do not survive and stand disposed of. R.M.BORDE JUDGE adb/fast1446210