1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR F. A. No. 755 OF 2004 M.I.D.C. Amravati v. Anil s/o Devidas Pendse & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. M.M. Agnihoti advocate for the Appellant. Mr. A.B. Nakshane Advocate for Res. no.1. .... CORAM: A.B.CHAUDHARI, J. DATED : 23 rd JUNE, 2009. Heard. There is enhancement of compensation only by Rs.4,694/- in favour of the respondent no.1/original claimant by the trial Court along with interest. The trial Court made a decree to pay proportionate costs which, according to learned counsel for respondent, comes to Rs.468/-. According to Mr.Nakshane the claimant had paid court-fee of Rs. 19,910/- and in effect the compensation awarded to him would not go beyond Rs. 5000/-. According to him, the appeal itself should not have been filed by the 2 appellant. 2. Per contra, learned counsel for the appellant argued that the Reference Court ought not to have at all enhanced the compensation and Special Land Acquisition Officer had correctly computed the amount of compensation payable. 3. In para 11 of the judgment the trial Court has given sound reasons for enhancing the compensation by small difference and, in my opinion, the appellant ought to have applied its mind before filing the appeal. Had the appeal been not filed the respondent/claimant would not have been dragged in this Court. In view of the reasons furnished in para 11 of the judgment and looking to the small amount of compensation enhanced, this Court declines to interfere with the impugned judgment and Award in First Appeal. Hence, I make the following order. 4. F.A. No. 755/04 is dismissed. Appellant to pay costs of Rs.2,000/- to respondent no.1/claimant within four weeks from today. Civil Application for stay consequently stands disposed of. JUDGE 3 /TA/