FA/730/1991. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. FIRST APPEAL NO. 730 OF 1991. APPELLANT: Ori. Applicant. Shamrao S/o Phakaru Gaurkar, aged about 30 years, Occ. Cultivation and service, resident of Khairgaon,Post Urjanagar (Durgapur) Tahsil and District Chandrapur ... (On R. A.) -VERSUS- RESPONDENT: Ori.N.A. Western Coalfields Ltd., through its Chief General Manager, Chandrapur Area, Chandrapur, Tah. & Distt. Chandrapur. S/Shri Anjan De with Anoop Dhore, Advocates for the appellants. S/Shri Ramesh Darda with Tushar Darda, Advocates for Respondent. CORAM: A. H. JOSHI, J. DATED: 8th JULY 2009. ORAL JUDGMENT : 1. This first appeal by land owner under Section 20 of Coal Bearing Areas (Acquisition and Development) Act, 1957 is arising out of order passed in Complaint Case No.115 of 1990 dated 19-8-1991. 2. Heard Advocates from both sides. Perused the impugned judgment and record. 3. Learned Special Officer had to decide the case on the basis of common evidence led in case No.140 of 1990. FA/730/1991. 2 4. Learned Special Officer has, in his well considered judgment, found that :- (a) Even one comparable sale instance was not shown or proved. (b) All sale instances brought before him were not comparable. (c) Ready reckoner was not to be relied upon. (d) Sale instance relied while passing award was and is comparable. (e) Therefore, the compensation which was awarded was reasonable. 5. Learned Special Officer has, therefore, rejected the claim for enhancement finding that just compensation was paid to the land owners. 6. It is not shown as to how the findings recorded by Special Officer are erroneous or perverse. 7. The grounds and submissions do not show any illegality in the reasons and order passed by the Special Officer. 8. The appeal has no merit and is dismissed, however, without cost. JUDGE //MULEY// FA/730/1991. 3