1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL No. 2327 OF 2010 The State of Maharashtra & others .. APPELLANTS VERSUS Babita Venkat Mane ...RESPONDENT ... Smt. Y.M. Kshirsagar, A.G.P. for the appellants Shri M.P. Tripathi, Advocate for respondent CORAM : S.V. GANGAPURWALA, J. DATE : 24th November, 2010. ORAL JUDGMENT : The land of the original claimant admeasuring 60 R was acquired for the rehabilitation of village Naichakur. The Special Land Acquisition Officer has awarded compensation of Rs. 14,700/- at the rate of Rs. 15,000/- per Acre. The claimant being dis-satisfied by the amount awarded filed Reference under Section 18 of the Land Acquisition Act claiming compensation at the rate of Rs. 10/- per Sq.feet. The Reference Court partly allowed the Reference and 2 awarded compensation at the rate of Rs. 24,000/- per Acre. 2. The State has challenged the said Award passed by the Reference Court. Mrs. Kshirsagar, the learned A.G.P. for the State contended that the Reference court has exorbitantly enhanced the compensation amount. The Special Land Acquisition Officer had considered all the relevant aspects, and thereafter,had granted reasonable compensation, there is no evidence before the Court for enhancing the compensation, the sale- deeds relied are of small area which could not have been the basis for enhancing the compensation amount. 3. Per contra, Shri Tripathi, learned Counsel for the original claimant contended that the Reference Court has marginally increased the compensation amount. The land was acquired for rehabilitation purposes of the earth-quake affected persons. The village was situated on the State High Way and the cost of the plots though of smaller area showed the price at which the 3 land were sold and there was no impediment to consider the same. 4. With the assistance of learned Counsels, I have gone through the Judgment and award passed. The amount enhanced by the Reference Court is not much, the Reference Court has considered the situation of the property, it has not given the amount of compensation as per the sale instances as they were of smaller area. The Reference Court has awarded modest compensation amount. The Reference Court has taken into consideration that the said village was being rehabilitated and the prices were also shotting out. 5. The Reference Court had taken into consideration all the relevant factors and has marginally enhanced the compensation amount. 6. In the light of the same, the First appeals are dismissed. However, there shall be no order as to costs. 4 In view of the disposal of the First Appeals, the Civil Applications, is also disposed of. [S.V. GANGAPURWALA] JUDGE SDM* 2327.10/241110