{1} fast483810.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO.4838 OF 2010 The State of Maharashtra and another Appellants Versus Raghu Shivaji Chavan & others Respondents Mr. P.P.More, A.G.P. for the applicants. 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 13.10.2006, passed by the Joint Civil Judge, Senior Division, Ahmedpur, in L.A.R. No. 542/2002. 2 The agricultural land belonging to the claimants out of S.Nos.64/1, 64/1/2 and 64/1/3 to the extent of 2 hectares 61 ares land, situate at village Ruiwadi, Tq.Ahmedpur, came to be acquired for extension of gaothan for rehabilitation of project affected persons of village Ruiwadi. The notification under Section 4 of the Land Acquisition Act was issued on 18.02.1999 and after following procedure prescribed under the Land Acquisition Act, award came {2} fast483810.odt to be passed on 18.01.2001. The Land Acquisition Officer offered compensation @ Rs.432/- per are. 3 Being dissatisfied by the offer of compensation made by the Land Acquisition Officer, the claimant tendered separate 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.2,00,000/- per acre, whereas, the Reference Court, on consideration of relevant factors, awarded compensation @ Rs.48,000/- per acre, which order has been assailed by the State Government, in this appeal. 4 In order to substantiate their claim, the claimants have led evidence, oral as well as documentary. The documentary evidence consist of comparable sale instances in respect of agricultural lands situate in the same village. One Nagorao Dhulgund and Narayan Surner sold land to the extent of 80 ares out of G.No.87 in favour of Hanmant for consideration of Rs. 2,00,000/- on 01.02.1996. The sale is admittedly pre-notification sale. The land covered by the sale instance is situate at a distance of 1 Km from the acquired land. Taking into consideration, this aspect of the matter, the Reference Court, scaled down the amount of compensation in respect of acquired land at the rate of Rs. 48,000/- per acre. The view taken by the Reference Court is reasonable and proper. The enhancement in the amount of {3} fast483810.odt compensation, that has been awarded by the Reference Court, is quite moderate. On consideration of the judgment and award passed by the Reference Court as well as on perusal of the evidence, copies of which were made available by the learned Assistant Government Pleader while arguing the appeal, in my opinion, the appeal does not deserve favourable consideration. 5 Appeal, therefore, stands dismissed. Pending Civil Application does not survive and stand disposed of. R.M.BORDE JUDGE adb/fast483810