1 F.A. 1819/2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1819 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mrs.R.K.Ladda, Assistant Govt. Pleader for State. Mr. P.S.Patil,Advocate for respondent. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 01/12/2010 PER COURT : 1. The land of the present respondent/claimant was acquired by the present applicant for the purpose of construction of right bank canal. The claimant being dis-satisfied with the amount of compensation awarded, preferred Reference under Section 18 of the Land Acquisition Act. The Reference Court awarded compensation @ Rs. 45,000/- per Hector. The Special Land Acquisition Officer [ For short, ‘ Officer ’ ] has awarded compensation @ Rs. 21,000/- to Rs. 25,000/- per Hector. The State has challenged the said Award in the present Appeal. 2. Mrs. R.K.Ladda, the learned Assistant Govt. Pleader for State submits that the Reference Court 2 F.A. 1819/2010 has exorbitantly enhanced the compensation amount without any evidence on record. The Reference Court should have considered that the sale deeds are of small area of land and could not have been relied upon. The learned Assistant Govt. Pleader further submits that the Officer has considered all the factors and has awarded just amount. 3. With the assistance of the learned Assistant Govt. Pleader, I have gone through the Judgment. Enhancement even as per the State is only Rs. 5280/-. In fact, the State should not have filed Appeal for such marginal enhancement. The Reference Court has considered various sale deeds on record and considering the situation of the property and various sale deeds on record, has awarded reasonable amount of compensation. The compensation has been awarded considering the acquired land to be the dry land. 4. In light of the above and in light of the fact that the enhancement is marginal, the First Appeal is dismissed, however, with no order as to costs. [ S.V. GANGAPURWALA ] JUDGE knp/FA 1819.2010