1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. F.A.NO.544 OF 2009 State of Mah. and anr. . .. .vs.. Shri Amjadkhan Fakrollahkha ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. -------------------------------------------------------------------------------------------------------------------------- Coram : C.L.PANGARKAR, J. Dated : 6th August 2009. 1. Heard Mr.K.S.Dhote, learned counsel for the appellant/State. 2. This appeal is preferred by the State of Maharashtra against the award passed by the reference court in Land Acquisition Case No.265 of 2002. 3. The Government of Maharashtra had decided to acquire the land for minor irrigation project at Dagadparwa in Akola District. A notification was issued and the land was acquired. The learned Land Acquisition Officer had considered one sale instance but did not rely on it. He granted compensation at the rate 2 of Rs.42000/- per acre. The claimant/owner of the said field felt aggrieved and preferred reference before the civil court. 4. The civil court considered the sale instance which was cited before the Land Acquisition Officer. The said instance is the only sale instance available, which goes to show that two years prior to the issue of the notification, 86 ares of land was sold for a sum of Rs.1,00,000/-. The learned Land Acquisition Officer had, however, not relied on this sale instance because he found that the sale instance was not comparable since land in sale instance was abutting a road. The learned judge of the reference court, however, while deciding the compensation has taken this sale instance into consideration and reduced the price by 25% since the land in question was not abutting the road. The deduction of such price by 25% to my mind is quite reasonable. There is no reason to interfere in it. There is no substance in the appeal. It is dismissed in limine. JUDGE. chute