{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2003 OF 2011 1 The State of Maharashtra, through the Collector, Beed. 2 The Executive Engineer, Minor Irrigation (Z.P.), Beed, Tq. and District Beed. Appellants Versus Dattatraya s/o Bhaurao Thorave, age: 50 years, Occ: Agricultural, R/o Nageshwadi, under village Parner, Tq. Patoda, Dist.Beed. Respondent Mrs.V.A.Shinde, A.G.P. for appellants. Mr. D.R.Jaybhar, advocate for respondent CORAM : R.M.BORDE, J. DATE : 30 th August, 2011 PER COURT: 1 This is an appeal by the State of Maharashtra raising exception to the judgment and award passed by III Ad hoc Additional District Judge, Beed in L.A.R. No.14/2006, decided on 03.03.2006. 2 The agricultural land belonging to the claimant to the extent of 52 ares came to be acquired for construction of village {2} tank. The notification under Section 4 of the Land Acquisition Act was issued on 01.11.2001 and after following procedure prescribed under the Land Acquisition Act, the S.L.A.O. passed award on 01.10.2003. The S.L.A.O. offered compensation at the rate of Rs. 250/- per are in respect of the acquired land. The claimant, being dissatisfied with the offer of compensation made by the S.L.A.O., tendered application seeking reference of the matter to the Civil Court for determination of market value of the acquired land. The claimant claimed compensation at the rate of Rs.1500/- per are. Considering the evidence placed on record, the Reference Court directed the State to pay compensation to the claimant at the rate of Rs.700/- per are. 3 The claimant, in order to substantiate his claim, placed reliance on oral as well as documentary evidence. The documentary evidence placed on record by the claimant consist of comparable sale instances in respect of sale transactions of the agricultural lands situate in the nearby vicinity. Exhibit-11 is the sale instance in respect of alienation of 6 ares land from village Parner in favour of one Piraji by registered sale deed dated 31.12.1992 for consideration of Rs.12,000/-. The rate of agricultural land sold under the sale deed comes to Rs.2000/- per are. The second sale instance is in respect of alienation of 21 ares’ area situate at village Parner in favour of one Sk.Chandbi for consideration of Rs.21,000/- on 18.03.1993. The rate of {3} agricultural land covered by the sale instance comes to Rs.1000/- per are. It is reflected from the evidence of claimant-Dattatraya that the land covered by the sale instance is at a distance of 1 Km. from the acquired land. The witness has also deposed about the quality and fertility of the soil of acquired land. Considering the evidence placed on record, the Reference Court deemed it appropriate to award compensation in respect of acquired land at the rate of Rs.700/- per are. 4 I have perused the judgment and award passed by the Reference Court and also scrutinised the copies of the documents made available by the learned A.G.P. while arguing the matter. Considering the facts and circumstances of this case, I do not find it necessary to cause interference in the appeal. Appeal is devoid of substance. 5 Appeal stands rejected. R.M.BORDE JUDGE adb/fa200311