1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 12613 OF 2009 A. Dhanabai W/o Laxman Marathe, (Deceased) Through L.R.s. A-1 Fakira S/o Laxman Marathe, Since Deceased Through L.Rs. A-1/1 Babulal Fakira Marathe, Age : 45 Years, Occu. : Agril., R/o Brahmanpuri, Tq. Shahda, District Nandurbar. 1-1/2 Sau Sundarbai W/o Subhash Marathe, Age : 50 Years, Occu. : Agril., R/o Saukheda, Tq. Shahada, District Nandurbar. A-2. Chhagan S/o Laxman Marathe, Age : 65 Years, Occu. : Agril., A-3. Magan S/o Laxman Marathe, Age : 62 Years, Occu. : Agril., A-4. Tukaam S/o Laxman Marathe, Age : 60 Years, Occu. : Agril., All R/o Brahamanpuri, Tq. Shahada, District Nandurbar. B. Sumanbai W/o Bhanudas Marathe, Age : 55 Years, Occu. : Agril., R/o As above. .. .. Applicants/Appellants Versus 1. The Special Land Acquisition Officer, Medium Project, Dhule. 2 2. The State of Maharashtra, Through Collector, Dhule (Now Dist. Nandurbar) .. .. Respondents Shri R. C. Patil, Advocate for the Applicants/Appellants. Shri K. G. Patil, A. G. P. for the Respondent Nos. 1 and 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 12TH AUGUST, 2009. ORAL ORDER [Per N. D. Deshpande, J. ] : 1. Heard Shri R. C. Patil, learned counsel for the appellant and Shri K. G. Patil learned A.G.P. for the respondents/State. 2. Appellants owned and possessed land bearing gat No. 108 admeasuring 4H 10R and pot kharab land admeasuring 0H 10R situated at Chandsaili Tahsil Shahada. The said land was acquired by the respondents for the purpose of construction of Minor Irrigation Tank 'Susari' vide notification under Section 4 of Land Acquisition Act 1894, published on 29.12.1995 in the Government Gazette and possession was taken by private negotiations on 27.02.1999. Land Acquisition Officer passed an award on 27.02.1999. The appellants were dissatisfied with the award though accepted under protest, made a reference under Section 18 of the Land Acquisition Act numbered as L.A.R. No. 34/2000. After hearing and on merits, the learned Civil Judge Senior 3 Division, Shahada partly allowed the claim of the appellants on 30.01.2003 and granted additional compensation at the rate of Rs. 2,10,000/- per hector. It was also observed that, the Land Acquisition Officer's award at the rate of Rs. 56,000/- is meagre. At the same time, it was also stated that, appellants failed to prove their claim of Rs. 5,00,000/- per hector as market rate on the date of notification under Section 4 of the Land Acquisition Act and there is detailed discussion on the point of market value after appreciating the various sale instances relied by the appellants on record. The learned Reference Court also granted the solatium and interest at the rate of 9% for one year from the date of possession on the enhanced compensation and also 15% interest per annum under Section 23(1)(A)(ii) and 28 of the Land Acquisition Act on the market value, solatium, component from 27.02.2000 to 30.01.2003 and the respondents were directed to pay total amount of Rs. 17,96,888/-. 3. We have carefully gone through the impugned judgment and award passed by the learned Reference Court, referring to the claim stated by the appellants before the said Court, and also in appeal memo before this Court at page 6 of the paper book note 2. "For the purpose of Jurisdiction of Rs. 18400000/- and the claim in Reference Court as per Rs. 2,50,000/- per hector for their acquired land. The land Reference Court awarded the compensation as per 4 Rs. 2,10,000/- per hector. the appellant claim as per remaining compensation amount of Rs. 40,000/- P. H. but purpose of court fee restricting their claim as per Rs. 10,000/- P.H. and total claim amount Rs. 41000/- and on same claim paid court fee Rs. 3025/- which is sufficient." 4. Therefore, learned Assistant Government Pleader for the respondents/State supported the award passed by the learned Reference Court and urged for dismissal of appeal. 5. Upon consideration of the record and hearing the submissions of the both the sides, we find that, there is no evidence in support of the alleged claim at the rate of Rs. 5,00,000/- per hector and the enhanced compensation granted by learned Reference Court at the rate of Rs. 2,10,000/- per hector is just, reasonable and market value of the land at the relevant time. Therefore, no interference is warranted. On merits appeal stands dismissed with no order as to costs. Appeal is disposed of. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09