4 FA 2237,2254,2257.2010 ARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2237 OF 2010 WITH FIRST APPEAL NO. 2254 OF 2010 WITH FIRST APPEAL NO. 2257 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.N.Kendre, Asstt.Govt. Pleader for State. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 24/03/2011 PER COURT : 1. The State has filed these Appeals being aggrieved by the enhancement of compensation granted by the Reference Court. 2. The lands of the claimants were acquired for Percolation tank. The Special Land Acquisition Officer [ For short, ‘ S.L.A.O. ’ ] has awarded compensation to the claimants @ Rs. 150/- per R. The claimants being dis-satisfied with the said amount of compensation, filed Reference under 4 FA 2237,2254,2257.2010 Section 18 of the Land Acquisition Act [ For short, ‘ said Act ’ ]to the Reference Court. The Reference Court enhanced the compensation amount and awarded the same @ Rs. 360/- per R. The State being aggrieved by the same, have filed the present First Appeals. 3. Mr. S.N.Kendre, the learned Assistant Govt. Pleader for the State submits that the Reference Court has enhanced compensation amount without any substantial evidence. Exorbitant amount has been granted by the Reference Court. The S.L.A.O. after taking into consideration all the sale instances, the topography of the lands and its location, has awarded just and reasonable amount of compensation. The learned Assistant Govt. Pleader further contends that the sale deeds relied by the Reference Court were of small fragment, which could not be the basis of granting enhanced compensation. 4. Per contra, Mr. A.N.Nagargoje, the learned counsel for the respondents submits that the Reference Court has considered the said sale instances and taking into account that they were of small area, has reduced the consideration. If the said sale deeds are to be taken into consideration, then the price of the land would be 4 FA 2237,2254,2257.2010 of Rs. 1250/- per R. and in fact the Reference Court has reduced the same by more than 60 % and awarded compensation @ Rs. 360/- per R., which is reasonable. 5. With the assistance of the learned counsel, I have gone through the Judgment and also the documents which are made available to me by the learned counsel for the respondents. 6. The sale instances relied by the Reference Court, no doubt are of small area. But, only on the said ground the said sale instances can not be ignored. The Reference Court has reduced the amount of consideration while taking into consideration the area of the land under acquisition, the situation of the same and the fact that the lands under acquisition were of good quality. The amount enhanced is also not exorbitant. The Award is passed in the year 2000. Taking into account the fact that the Reference Court has properly considered the sale instances on record, the situation of the property and the potentiality of the lands, has awarded reasonable amount of compensation. 7. No error is committed by the Reference Court. As such, the First Appeals are dismissed, 4 FA 2237,2254,2257.2010 however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/FA 2237,2254,2257.2010