( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 17 OF 1994 Dagadu Bhaguji Sayambar Since deceased, by L.Rs. 1. Kausabai w/o Dagdu Symber 2. Jalindar s/o Daghdu Symber 3. Gorakh s/o Dagdu Symber 4. Krushnaji s/o Dagdu Symber 5. Somnath s/o Dagdu Symber 6. Surekha w/o Sahebrao Barad. 7. Chandrakala w/o Bhausaheb Gangarde 8. Shilabai w/o Macchindra Garad All r/o Parodi, Taluka Ashti, District Beed. APPELLANTS VERSUS The State of Maharashtra through Collector, Beed. RESPONDENT ..... Smt. Asha Rakh, advocate for the appellants. Mr. S.D. Kaldate, A.G.P. for the respondent/State. ..... [CORAM : K.U. CHANDIWAL, J.] [DATE : 22nd March, 2010] ORAL JUDGEMENT : 1. Heard Smt. Rakh, learned counsel for the ( 2 ) appellant extensively. She urged that inspite of excessive property of 9 Acres having been acquired, the award refers to entitlement of the appellant for 16 Ares. She submits, the learned Reference Court certainly erred in not considering grant of compensation either by itself or from the Land Acquisition Officer for left- over agricultural field. 2. Though the submissions vehemently addressed, however, the nucleus creates a fidget for the appellant, for the reason that there was no acquisition of land survey No. 34/32. Secondly, the land survey No. 34/33 was not owned by the appellant. Thirdly, the land survey No. 34/1/4, which is subject of acquisition is 1 Hectare 59 Ares and from the record, the appellant has 10th share in the said property. Consequently, by calculation, it comes to 16 Ares. This has been so referred at serial No. 238 in the “E” statement by the learned Special Land Acquisition Officer. These aspects are elaborately considered by the learned Reference Court and having assistance of the market value with the sale instances, has analysed the same for enhancement. ( 3 ) I do not see any mistake on the part of the learned Judge in the award dated 29th April, 1988. Consequently, the first appeal dismissed, without costs. [ K.U. CHANDIWAL ] JUDGE NPJ/fa17-94