1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL No. 2997 of 2009 The State of Maharashtra ... Appellants V/s Jaheddabai W/o Abbas Patel .. Respondent ------------------------------------------------------------------------------------------- Mr. N.N. Jadhav, learned AGP for appellants ------------------------------------------------------------------------------------------- (CORAM : R.G. KETKAR, J.) DATE : 25th November, 2009. PER COURT 1. This appeal is preferred against the judgment and award dated 31-08-2005 passed by the Adhoc Additional District Judge, Nilanga, District Latur, whereby learned District Judge, Nilanga partly allowed the references. In so far as the present appeal is concerned the Land Acquisition Officer awarded the compensation of Rs. 1,08,880/- which was enhanced by the impugned judgment and award to Rs. 1,53,360/-. The learned District Judge has considered the sale instances produced by the respondent / claimant as also sale instances produced on behalf of the appellant. 2 2. In so far as sale instances produced by the claimants are concerned, some of the sale instances are after issuing notification dated 24-12-1993 U/Sec. 4 of the Land Acquisition Officer, 1894. Some of the sale instances produced by the claimants were discarded by the learned District Judge on the ground that when the sale instances in respect of land where the acquired lands is situate are available, the sale instances from the adjacent villages cannot be taken into account. The learned District Judge took into account the sale instance produced by the appellant at Exh. 73. The said transaction took placed on 13-11-1991. This aspect was considered by the learned District Judge in para No. 20 & 21 of the judgment. Taking into account this sale instance, the learned District Judge came to the conclusion that the market value of the acquired land is Rs. 76,800/- per Hectare on the date of issue of notification U/Sec. 4 of the Land Acquisition Act, 1894 i.e. 24-12-1993. 3. I have heard Shri N.N. Jadhav, learned AGP in support of this appeal. I have gone through the material on record. The learned District Judge enhanced the compensation on the basis of sale instance produced by the appellant itself. In view of this, I do not think that the learned District Judge has awarded exorbitant 3 compensation . I do not find any error in the impugned judgment. 4. In view of this, appeal being devoid of substance deserves to be dismissed. Appeal dismissed with no order as to costs. (R.G. KETKAR, J.) 25th November, 2009 SDM* fa2997.09