1 F.A. 2236.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL No. 2326 OF 2010 The State of Maharashtra & others .. APPELLANTS VERSUS Rupchand Swarupchand Jadhav ...RESPONDENT ... Smt. R.K. Ladda, A.G.P. for the appellants Shri V.B. Patil, Advocate for respondent CORAM : S.V. GANGAPURWALA, J. DATE : 24th November, 2010. PER COURT : The present original claimant had filed Reference under Section 18 of the Land Acquisition Act, being aggrieved by the less amount for compensation awarded by the Special Land Acquisition Officer. The 44 R land of the present respondent came to be acquired. The Special Land Acquisition Officer, awarded compensation of Rs. 26,270/-, and the Reference Court enhanced the said compensation to Rs. 42,300/-. Being aggrieved by the said Award the State has filed the present appeal. 2 F.A. 2236.10 2. Mrs. R.K. Ladda, learned A.G.P. for the appellant /State contends that the Reference Court could not have enhanced the amount of compensation in absence of any evidence. There were no sale instances of the land similarly situated. The sale instances that has been considered was of Bagayat land. As such, the Reference Court committed an error in enhancing the compensation amount. 3. Shri Patil learned Counsel for respondent submits that the Reference Court has awarded reasonable amount of compensation. The sale-deed produced on record shows that the value of the land was Rs. 2,50,000/- per Acre, but the Special Land Acquisition Officer considered that the present land is Jirayat land, and awarded compensation of Rs. 90,000/- per Hector only. According to the learned Counsel no error has been committed by the Reference Court. 4. With the assistance of learned Counsel for the parties, I have gone through the record and the Judgment passed by the Reference Court. 3 F.A. 2236.10 The Reference Court has enhanced only an amount of Rs. 16,030/-. The Reference Court has evaluated the condition of the land, it has taken into consideration the fact that the sale-deed which is produced is of Bagayat land and has reduced the valuation to Rs. 90,000/- Per Hector, i.e. even less than half which is not unreasonable. 6. In the light of the same, no error is committed by the Reference Court while passing impugned Judgment and Award. The appeal as such is dismissed. However, there shall be no order as to costs. In view of dismissal of First Appeal, the Civil Application does not survive and same is also disposed of. [S.V. GANGAPURWALA] JUDGE SDM* 2236.10/241110