1 fa 2575.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2575 OF 2010 The State of Maharashtra .. Appellant Versus Laxman Madhav Pimpalkar .. Respondent Shri T. S. Lodhe, A.G.P. for the Appellant/State. CORAM : S. V. GANGAPURWALA, J. DATE : 13TH APRIL, 2011. PER COURT : . The State being aggrieved by the award passed by the Reference Court has filed the present appeal. Shri Lodhe, the learned A.G.P. submits that without any evidence on record the amount of compensation has been awarded. Simply on the basis of the judgment in L.A.R. No. 139/1981 the Reference Court has enhanced the amount. In fact, the land was situated at the distance of three kilometers from the present land. As such, the same could not have been criteria for awarding exorbitant compensation amount. 2 fa 2575.10 2. The amount of compensation enhanced is by Rs. 38,000/- to 40,000/-. Moreover the Reference Court has passed the judgment on the basis of the concession granted by the appellant itself. In para 6 of the judgment the Reference Court has observed that both the parties have filed a joint pursis at Exhibit 12 and submitted that the price determined in L.A.R. No. 139/1981 be considered for awarding compensation. In the present matter, when the award has been passed on the basis of concession given by the appellant himself, the appellant could not have thereafter assailed the said judgment and award. In the light of above, the first appeal being devoid of any substance is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/April 11