1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 9. FA/1491/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs. R.R.Mane, A.G.P., for the appellant. Mr. A.I.Bhapkar, Advocate, for respondent. ... CORAM : K.U. CHANDIWAL, J. DATED : 15th July, 2009 ... P.C.:- 1. Heard both the Counsel. The State feels aggrieved by the enhancement effected by the Reference Court in LAR No.89/2002. The matter is disposed of at admission stage without calling for the record. 2. The controversy revolves to only enhancement. The details as to issue of notification under Section 4(1) of the Land Acquisition Act or passing of the award by the learned Special Land Acquisition Officer is not in dispute. 3. The learned Judge, while adverting to the enhancement, has taken into consideration the details as to the entries of sale to be a genuine 2 transaction, the sale deed must have been executed at the proximate to the date of notification, the land covered by the sale must be in the vicinity of the acquired land. The land covered by the sales must be similar to the acquired land and also the size of the plot of the land covered by the sale be comparable to the land acquired. Taking recourse to these aspects, the learned Judge has considered the sale deeds, proved through Rohidas Nathu Fasale, PW 2, executed at Ashti Registrar’s office, Exh.12 is the index. The transaction rate was Rs. 925/- per R. The learned Judge considered the same to be Bagayat/irrigated and deducted 25 per cent, while fixing market price of the land acquired. The approach of the learned Judge, in the situation, cannot be said to be erroneous. The enhancement from Rs.250/- per R. to Rs.550/- per R. in the fact situation, is in tune with the sale deeds, does not require any interference. Appeal dismissed. No costs. (K.U.CHANDIWAL) JUDGE agp/fa1491-09