1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.604 OF 1993. Balkrishna Ratan Waman Age: 24 yrs., occu. Agril. R/o Devgaon, Tq. Ahmednagar, District Ahmednagar. - APPELLANT VERSUS State of Maharashtra - RESPONDENT ***** Mr.NC Garud, Advocate for Appellant; Mrs.BR Khekale,AGP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 26th April, 2010. PER COURT : 1) Heard Mr.Garud extensively. 2) The claimant feels aggrieved by the Award dated 29.11.1989 awarding additional compensation of Rs.6,330/- with other statutory benefits, to be inadequate. 3) The appeal is admitted on 6.1.1994. The evidence, concerning existence of the trees in 2 the land acquired, has been properly dealt with by the learned Judge. The other contention raised by Mr. Garud is, in spite of having acquired 69 R. land out of Gut No.40, the compensation is paid for 60 R. of the land and consequently, he has urged to enhance or to direct to pay the compensation for 9 R. of the land. 4) The evidence of the petitioner/claimant indicate, the Government has acquired 60 R. of land from Gut No.40. Had it been the case that there was 69 R. of the land, nobody prevented the appellant herein, at the appropriate stage, to raise such objection. The height is, even in the evidence, the appellant accepts that 60 R. land belonging to him was acquired. The issue need not be reopened in the First Appeal on such a flimsy ground. I do not see any mistake on the part of the learned Reference Court in awarding the additional compensation. The order does not call for any interference. The First Appeal is sans merit, it is dismissed. (K.U.CHANDIWAL) JUDGE bdv/fa604.93