1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.3242 OF 2009 1) Satish s/o Manikrao Modhave and ors. - APPELLANTS VERSUS 1) The State of Maharashtra & another - RESPONDENTS ***** Mr.DR Jaybhar Advocate for Appellants; ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th January, 2010. PER COURT : 1) Heard Mr.Jaybhar for the original claimants. 2) The pivotal crux in the matter, centering to the area acquired. The appellants/claimants contend that the area of their land acquired is 1 hectare and 45 R. However, the Land Acquisition Officer has 2 considered the same to be 23 R. 3) These contentions were canvassed before the learned Reference Court, but the learned Reference Court, based on the available record, was convinced that it was only 23 R. land which was acquired, supported even by Award Statement E and the Award. The claimants/appellants could not establish before the learned Reference Court that indeed their land was acquired to the extent of 1 hectare 45 R. or 1 hectare 30 R. land was more acquired. 4) The learned Reference Court while fixing the amount @ Rs.1,000/- per R. had also considered the Award passed by the Additional District Judge in respect of the same property relating to storage tank at Kuntefal, fixing it @ Rs.1,000/- per R.. The learned Judge has also considered the compensation about Jujube (Bor trees). 3 5) Taking overall survey of the Award of the Reference Court, I find there is no illegality or unreasonableness demonstrated by the learned Judge. The contention that more area was acquired is not established. However, since the Government contemplated that it was only 23 R. land was acquired and even the Surveyor – Baban Namdeo Gosavi has stated that in other side area belongs to several other persons, also needs consideration. If the claimants are deprived of more area, the State’s rights will naturally be confined to the extent of area acquired, i.e. 23 R. land only. With this, there being no merit in the appeal, it is dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/fa3242.09