fast15526.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 15526 OF 2009 The State of Maharashtra and others ...Appellants Versus Malikarjun Sakharamappa Sagare ...Respondent WITH FIRST APPEAL (ST.) NO. 15529 OF 2009 FIRST APPEAL (ST.) NO. 15533 OF 2009 FIRST APPEAL (ST.) NO. 15521 OF 2009 FIRST APPEAL (ST.) NO. 15404 OF 2009 FIRST APPEAL (ST.) NO. 15537 OF 2009 ..... Mr. T.S. Lodhe, AGP for the appellants ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 Heard Shri Lodhe, learned AGP for the appellants. 2 These are the appeals presented by the State raising exception to the judgment and award passed by the learned Civil Judge, Senior Division, Nilanga in group of land Acquisition References on 17.11.2007 whereby the Reference Court directed enhancement in the amount of compensation to the claimants-respondents herein in respect of their acquired agricultural lands. fast15526.09 -2- 3 The lands belonging to the respondents original claimants came to be acquired by the State government for the purpose of construction of percolation tank at village Bolegaon (Bk), Tq. Shirur Anantpal, District Latur. Notification under Section 4 of the Land Acquisition Act was issued on 25.7.2002. The Land Acquisition Officer, after observing the procedure prescribed under the Act passed an award on 31.3.2003. Land Acquisition Officer determined value of the acquired lands at Rs.13,400/- per acre. The claimants were not satisfied with the determination of compensation awarded by the Land Acquisition Officer and as such they tendered applications for making reference to the Civil Court for the purpose of determination of proper market value of the acquired lands. The claimants claimed compensation at Rs.200000/- per acre. The Reference Court, after receiving the evidence led by the respective claimants came to the conclusion that the proper market value of the acquired lands shall be Rs.30,000/- per acre in respect of dry crop land and Rs.60,000/- per acre in respect of irrigated lands and directed payment of enhanced compensation accordingly. 4 I have perused the judgment and award passed by the Reference Court and heard the arguments advanced by learned AGP for the appellant-State. fast15526.09 -3- 5 The claimants, in order to substantiate their contentions placed on record the evidence in the form of comparable sale instance. The claimants also examined witness P.W.2 Ramrao Shingare to prove sale deed at Exh.32. One Ramrao purchased land to the extent of 1 acre and 13 gunthas for consideration of Rs.1,68,000/- out of Gat No. 217 on 28.9.2001. The distance between land purchased by claimant witness No.2 is two kilometers from the acquired lands. The quality and fertility of soil is also comparable with the lands covered by various References. The Reference court therefore, found the evidence of sale instance produced by the claimants to be admissible and comparable and determined market value of the agricultural lands at Rs.30,000/- for dry crop land and Rs.60,000/- for irrigated lands. The lands acquired comprise of small pieces. 6 On perusal of the judgment of the Reference Court, in my opinion, the reasons recorded by the Reference court are proper and based on the proper appreciation of evidence placed on record by the claimants. The enhancement that has been directed is quite moderate. In this view of the matter no interference is called for in the appeals presented by the State. Those are devoid of substance and same stand dismissed accordingly. fast15526.09 -4- 7 In view of dismissal of appeals, respective civil application Nos. 8220, 8222, 8224, 8226, 8228, and 8230 of 2009 seeking stay to the impugned judgment and award do not survive for consideration and the same stand dismissed accordingly. ( R.M. BORDE. J.) rlj/