1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 766/2008 (State of Maharashtra & others VERSUS Anand Bhaurao Nistane) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri Sonak, Assistant Government Pleader for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : JULY 30, 2008. Heard the learned Assistant Government Pleader for the appellant. By this appeal, the appellant challenges the judgment passed by the Civil Judge (Senior Division), Amravati in Land Acquisition Case No.144/2000 on 28.04.2006, whereby the reference Court had held that the respondent was entitled to compensation @ Rs.60,000/- per Hectare. I have perused the judgment passed by the reference Court. It appears that in the instant case, the Section 4 notification was published on 22.11.1995. The Land Acquisition Officer had granted compensation @ Rs.44,000/- per Hectare for dry crop land. Being aggrieved by the meagre compensation, the reference application was filed by the respondent. It is not in dispute that in 2 land acquisition cases of Shidoli, wherein the land was acquired by issuance of Section 4 notification in the year 1991, compensation was granted to the claimants in those cases by the Land Acquisition Officer @ Rs.42,000/- per Hectare. The awards in those cases were passed on 20.10.1992. Since the land acquisition officer had granted compensation only @ Rs.44,000/- per Hectare though the notification was issued in this case nearly after four years of the issuance of notification in the other cases in which the award was passed, the reference Court held that the respondent/claimant was entitled to compensation @ Rs.60,000/- per Hectare, by considering that the price of the land rose speedily at the relevant time. The reference Court had further relied on certain sale instances which were produced by the respondent on record which further showed that the land was sold on 25.01.1993, i.e. before the issuance of Section 4 notification in this case, @ Rs.50,000/- per acre. The compensation granted to the respondent/claimant in the instant case does not appear to be on the higher side. The compensation is just and reasonable. 3 For the reasons aforesaid, the first appeal is dismissed with no order as to costs. JUDGE APTE