1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.31 OF 1998. FIRST APPEAL NO.31 OF 1998. FIRST APPEAL NO.31 OF 1998. The State of Maharashtra : Appellants. versus Shri Vinod Chandrakant Pitale & anr. : Respondents. Mr.S.N.Gawade, AGP, for the State/Appellant. None for the respondents. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 21st APRIL 2005. DATED : 21st APRIL 2005. DATED : 21st APRIL 2005. ORAL ORDER ORAL ORDER ORAL ORDER 1. Heard the learned AGP for the State/Appellant. Nobody is present for the respondents. This appeal is filed by the State challenging the order of the Reference Court dated 17.7.1997 in a reference under Land Acquisition Act. 7130 sq.mtrs land of the claimant was acquired by the State. The Special 2 2 2 Land Acquisition Officer awarded him Rs.40/- per sq.mtr. The reference Court enhanced it to Rs.60/- per sq.mtr., and therefore, this appeal by the State. 2. I do not find any merit in this appeal. Because the SLAO, in his award, has come to the conclusion that price of the land at the time was Rs.120/- per sq.mtr. but that was the price for developed land and for undeveloped land, according to him, the price would be Rs.60/- per sq.mtr. The Reference Court rightly found that the reasonings given by the SLAO for awarding Rs.40/- per sq.mtr. only were not proper. if the SLAO has come to the conclusion that the price was Rs.60/- per sq.mtr. then he was not justified in reducing the price to Rs.40/- per sq.mtr. The reference Court, therefore, rightly enhanced the compensation from Rs.40/- to Rs.60/- per sq.mtr. There is no illegality committed in that regard. No interference is called for. Hence the appeal is dismissed. No order as to costs. [D.G.DESHPANDE] 3 3 3 21/04/2005 JUDGE.