{1} fast1970609.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.19706 OF 2009 1 The State of Maharashtra, through Collector, Beed. 2 The Executive Engineer, Minor Irrigation Local Sector Division, Beed, District Beed. Appellants Versus 1 Janakabai w/o Sitaram Khile (died) 2 Bhausaheb w/o Sitaram Khile, age: 34 years, Occ: Agriculture, R/o Kanadi (Bk.), Tq. Ashti, District Beed. 3 Vishwanath Sitaram Khile, age: 45 years, Occ: & R/o as above. 4 Shantinath s/o Sitaram Khile, age: 25 years, Occ & R/o as above. Respondents Mr. T.S.Lodhe, A.G.P. for applicants. CORAM : R.M.BORDE, J. DATE : 06 th July, 2011 PER COURT: 1 This is an appeal preferred by the State of Maharashtra raising exception to the judgment and award dated 27.02.2006, passed {2} fast1970609.odt by III Ad hoc Additional District Judge, Beed in L.A.R. No.354/2005. 2 The agricultural land belonging to the claimants – respondents herein, situate at village Kanadi Budruk, Tq. Ashti, District Beed, admeasuring 4 hectare 69 ares came to be acquired for construction of percolation tank. Notification under Section 4 was published on 22.06.2000. After following the procedure prescribed under the Act, award came to be passed on 04.03.2002 by the Special Land Acquisition Officer. The Special Land Acquisition Officer offered compensation in respect of acquired land at the rate of Rs.525/- per are. The claimants, being dissatisfied with the award passed by the Special Land Acquisition Officer, tendered separate application for reference of the matter to the Civil Court for determination of market value of the acquired land. 3 The claimants claimed compensation at the rate of Rs. 2000/- per are i.e. Rs.2,00,000/- per hectare. In order to substantiate their claim, claimants led oral as well as documentary evidence in the form of comparable sale instances, which have been proved in accordance with law. Exhibit-19 is the sale deed in respect of alienation of land to the extent of 53 ares on 04.11.1999 for consideration of Rs. 77,000/- by one Bhau in favour of Maluji. The rate of the land comes to Rs.1452/- per are. Another sale instance is Exhibit-20 in respect of 21 ares land situate at village Kanadi Budruk, which has been sold by Subhash to Shobhachand on 12.04.1996 for consideration of Rs.27,500/- i.e. at the rate of Rs.1309/- per are. The third sale instance, on which reliance is placed by the claimants, is produced at Exhibit-18 and it is in respect of sale of agricultural land admeasuring 26.5 ares seasonally {3} fast1970609.odt irrigated land for consideration of Rs.40,000/- on 13.07.1996. All the sale instances placed on record by the claimants are admittedly pre- Notification sale instances and as such relevant for consideration for fixing market value of the acquired land. The Reference Court accepted the sale instance at Exhibit-19, which is in respect of seasonally irrigated land. The Reference Court permitted deduction to the extent of 51% on account of certain minus factors and prescribed market value at the rate of Rs.750/- per are in respect of seasonally irrigated land and Rs.1000/- per are in respect of irrigated land. 4 I have perused the judgment and award passed by the Reference Court on oath and also gone through copies of relevant record including the sale instances. I am of the view that the Reference Court has adopted quite reasonable approach in the matter and directed moderate enhancement in the amount of compensation receivable by the claimants. Considering the facts and circumstances of this case and considering that the enhancement in the amount of compensation payable to the claimants, directed to be paid by the Reference Court, is quite marginal, I do not deem it necessary to cause interference in the appeal. Appeal is devoid of substance. 5 Appeal, therefore, stands dismissed. Pending Civil Applications do not survive and stand disposed of accordingly. R.M.BORDE adb/fast1970609 JUDGE