FA/725/1991. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. FIRST APPEAL NO. 725 OF 1991. APPELLANT: (Orig. Applicants) 1. Pundlik S/o Govinda Sao, aged 70 yrs, Occu.agriculture, 2. Nilkanth S/o Govinda Sao, aged 65 yrs., Occu. agriculture, 3. Shrawan S/o Govinda Sao, aged 60 yrs., Occu.agriculture, 4. Keshao S/o Rashid Sao, aged 48 yrs., Occu. agriculture, 5. Khemdeo Rashid Sao, aged 45 yrs., Occu.agriculture, 6. Ramdas Rashid Sao, aged 45 yrs., Occu. agriculture, 7. Wasudeo Rashid Sao, aged 35 yrs., Occu.agriculture, 8. Namdeo Rashid Sao, aged 30 yrs., Occu. agriculture, 9. Sau. Nalabai Shyam Rangari, aged 32 yrs., Occu.nil, 10. Sau. Saonabai Bhimrao Gedam, aged 25 yrs., Occu.nil, 11. Bayabai Rashid Sao, aged 60 yrs., Occu. nil, All resident of Padmapur, Tah. & Distt. Chandrapur. -VERSUS- RESPONDENT: (Ori. Non- applicants) General Manager, Western Coalfields Ltd., Chandrapur Area, Chandrapur (On R.A.) FA/725/1991. 2 S/Shri Anjan De with Anoop Dhore, Advocates for the appellants. S/Shri Ramesh Darda with Tushar Darda, Advocate for Respondent. CORAM: A. H. JOSHI, J. DATED: 07th JULY 2009. ORAL JUDGMENT : 1. Heard both sides. 2. Special Tribunal has dealt with all sale instances relied upon by appellants. The Tribunal has found that neither of the sale instances has any proximity as to date with reference to the notification, or location of land which is acquired, or status and description of land. 3. Thus, the Tribunal found that comparable sale instance was not shown. 4. Tribunal then found that index entries Exh. 20,21 & 22 do not prove any facts what soever to support claim of enhancement. 5. The tribunal was, therefore, helpless in awarding any enhancement as just compensation. FA/725/1991. 3 6. None amongst the findings of the tribunal are shown to be erroneous or contrary to record or evidence. 7. Therefore, appeal has no merit and is dismissed, however, without costs. JUDGE //MULEY//