1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No.643 of 2011 State of Maharashtra through Collector. -Versus- Jagloo s/o Manikrao Wasu (Dead) through L.Rs. Bhujang Jagloo Wasu & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's or Judge's orders Court's orders of directions and Registrar's orders Mr. Amrish Joshi, AGP for the appellant. CORAM : A.B. CHAUDHARI, J. DATE : 09.08. 2011 . CAF 1944/2011, CAF 1945/2011 and CAF 1946/2011 This appeal is directed against the judgment and award dated 26.7.1999 passed by the Joint Civil Judge, Senior Division, Nagpur, enhancing compensation in the sum of Rs.12,678/- in respect of acquisition of 1.54 acres of land plus admissible components. After judgment was made on 26.7.1999, this appeal was filed in the year 2001 vide Stamp No.1443/2001. The first appeal was dismissed as office objections were not removed. Thereafter it was restored. Then the delay was condoned. Now it is said in the applications made in the year 2011 that since the respondent no.3 died, his L.Rs. are to be brought on record and there is a delay of 1697 days in doing so. All these applications are pending. This court cannot be oblivious of the fact of the enhanced compensation of Rs.12,678/- and this appeal is pending since 2001 only at the 2 stage of interlocutory applications. This cannot be allowed. Hence, all these applications i.e. application for condonation of delay, application for setting aside abatement in bringing L.Rs. and application for bringing L.Rs. of respondent no.3 on record are dismissed and it is held that the appeal is abated against respondent no.3. I have gone through the impugned judgment and award. The Reference Court based the impugned judgment on earlier award made by the same court in LAC case no.12/1985 and after drawing the conclusion that the land that was acquired was irrigated land and therefore rate of Rs.10,000/- per acre or Rs.20,000/-per hector could not be awarded to the claimant in the instant case. However, as the land involved in the LAC Case no. 12/1985 was the irrigated land and the fact that the suit land is a dry crop land, the reference court decided that the rate should be Rs.7,500/- per acre with which I do not find any fault. The compensation enhanced by the reference court is just and reasonable. Thus, even on merits there is no substance in the present first. The First Appeal no.643 of 2010 is dismissed. No costs. JUDGE Hirekhan