1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR FIRST APEPAL STAMP NO.8233/2010 STATE OF MAHARASHTRA ..VS.. SHIWAJI BHIKAJI MUNDHE Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 9/8/2010 Heard Shri Deshpande, the learned AGP for the appellant. Before issuing the notice to the respondents on Civil Application CAF No.1821/2010 and 1822/2010, it would be necessary to pass orders on the first appeal on merits as it is apparent from the reading of the judgment dated 27.8. 2008 that the reference court did not commit any error in granting compensation to the respondent @ Rs.30,000/- per hectare. The land of the respondent was situated at village Dhotra Nandai District Buldhana. The land was acquired by the State Government for Minor Irrigation Tank. The section 4 notification was issued on 27.4.1995. The Land Acquisition Officer granted compensation @ Rs.22,500/- per hectare. There was evidence on record to show that the land comprised of black soil and was fertile land. The claimant was taking irrigated crops with the help of the well situated in the acquired land. The claimant had also produced a copy of the award at exhibit 14. It was the case of the claimant that the market value of the acquired land was more than what was granted by the Land Acquisition Officer. The award at exhibit 14 i.e. award passed by the Land 2 Acquisition officer, does show that from the year 1991 to 1995, the rates of the land fluctuated between Rs.13000/- per hectare to Rs.30,000/- per hectare. Since the section 4 notification was issued in this case in the year 1995, the reference court held that the Land Acquisition Officer ought to have granted compensation to the respondent @ Rs.30,000/- per hectare. The reference court considered all the relevant factors including the quality, fertility, nature and location of the land to grant compensation @ Rs.30,000/- per hectare. No fault can be found with the judgment passed by the reference court on 27.8.2008. The first appeal therefore fails and is dismissed along with both the civil applications with no order as to costs. JUDGE SMP.