1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 11. FA/227/2010 WITH FA/228/2010 WITH FA/234/2010 with CA NOS. 7635/2007, 7639/2007 and 7651/2007 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.S.Thombre, Adv., for the appellant. Mr. V.D.Rakh, A.G.P., for the respondent no.1. Mr. B.K.Pawar, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE:3-2-2010 P.C.:- 1. Heard Mr. S.S. Thombre, and Mr.B.K.Pawar, Counsel, extensively. The matter is heard finally at admission stage. 2. The appellant acquiring body feels aggrieved by the enhancement in terms of Section 18 of the Land Acquisition Act, canvassing that it is disproportionate and the sale instance is not of the 2 vicinity but is of nearby village. Mr. Thombre, Counsel, submits that the learned Reference Court manifestly erred in enhancing the amount, which warrants interference. 3. The judgment under challenge is perused by both the Counsel, there is no controversy about production of the sale deed and its discussion by the learned Judge. The learned Judge was conscious of the sale deed Exh.44 dt.17.6.1997 whereby one Shobha purchased 1 H. 1 R. land for Rs. 1,77,000/- from survey No.105/B of village Yelnur. The learned Judge, on calculation, could see that its market price would be around Rs.70,760/- per acre, however, since the notification under Section 4 was published on 21st Oct.,1996, the learned Judge did not consider the same in its letter and spirit being subsequent to the notification. The learned Judge was also equipped with sale deed Exh.38 where the price of the land was 3 Rs.40,000/- per acre as on 10.4.1995, situated at village Sayakhan Chincholi. The learned Judge had also occasion to go through sale deed at Exh.56 where the market price of the land was Rs.17,000/- per acre. 4. The learned Judge, considering all the aspects, recorded that the claimants are entitled for the enhancement. However, he drew a mean thereof and reached to the conclusion that the compensation at the rate of Rs.25,000/- per acre i.e. Rs.625/- per R. will be just, and then proceeded to accept the respective References. Curiously, the enhancement is Rs.15,180/-, Rs. 3300/- , Rs.9861/-, Rs.1485/-, Rs. 3300/-, Rs.630/-, Rs.720/-, Rs. 1170/-, in respective Land Acquisition References and in LAR No.48/2001, Rs.10,560/- and in LAR No.49/2001 Rs.2960/-. This shows the meager enhancement awarded to the acquired properties of the claimants. 4 5. Survey of the evidence recorded by the learned Reference Court demonstrates, there is no error manifest to invite any interference in the award. There is no erroneous exercise of discretion but it is solely based on the record made available in terms of different sale instances. Consequently, the First Appeals lack merit, dismissed with respective Civil Applications. (K.U.CHANDIWAL) JUDGE agp/227-10fagr