1 F.A. No.2609.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2609 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. S.S. Manale, Advocate for appellant. Mr. K.M. Suryawanshi, AGP for Resp.No.1. Mr. C.V. Thombre,Advocate for Resp.No.2. .... CORAM: K.K. TATED, J. DATE : 10TH DECEMBER, 2010. . Heard learned Counsel for the parties. 2. The appellant is the original claimant. He had filed Reference U/s 18 of the Land Acquisition Act, being dissatisfied with the compensation awarded by the Special Land Acquisition Officer. The Reference Court awarded enhanced compensation by deducting 2/3rd area on account of development. The plots in question were part of the lay out and were admeasuring 2400 sq. fts. 2 F.A. No.2609.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders As the said plots were part of developed property, no question would arise of deducting 2/3rd area on count of development. This Court in F.A. No. 8/2009, decided on 11-01-2010, wherein the lands under acquisition were the subject matter of the same award, has held that such 2/3rd deduction could not be permissible. For the reasons recorded in the said F.A. No.8/2009, I allow the present appeal, thereby fixing the price of the acquired land at Rs.161/- per Sq. meter. The other benefits as awarded by the Reference Court are kept unaltered. Further the date of possession of the property by the respondents shall be considered as 06-03-1993. The Reference Court while passing the award in reasoning part in Para-10 has considered the date of taking possession of the property by the respondents from the 3 F.A. No.2609.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders present appellant as 06-03-1993 but in the operative part has erroneously written the date as 02-06-1998. The date of possession shall be taken as 06-03-1993 and the interest shall be accordingly paid. 3. The First Appeal is accordingly disposed of. However, there shall be no order as to costs. [K.K. TATED,J.] sut/DEC10/fa2609.10