1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL No. 1697 OF 2009 1] The State of Maharashtra 2] The Special Land Acquisition Officer (III), Upper Tapi Project, Hatnur, Dist. Jalgaon. APPELLANTS VERSUS Bhika Tanku Patil (deceased) his L.Rs. I] Uttam Bhika Patil (deceased) his L.Rs. i- Ashok Uttam Patil, Age 33 yrs, Occu. Agri (dismissed as per Court order dated 19th January, 2010) ii- Sanjay Uttam Patil, Age 28 yrs, Occu. Service iii- Smt. Shakuntala Uttam Patil, Age 50 yrs, Occu. Agri. & Household. iv- Sau. Sunita Rajendra Patil, Age 50 yrs, Occu. Household, R/o Rambag, Kadam Chal, Kalyan Dist. Thane. II] Kisan Bhika Patil, Age 20 years (Deceased) his L.Rs. i- Chandrashekhar Kisan Patil, Age 18 yrs, Occu. Education, 2 ii- Ravindra Kisan Patil, Age 16 years, Occu. Education, iii- Ku. Sadhana Kisan Patil, Age 14 years, Occu. Education iv- sau. Sulbha Kisan Patil, Age 40 years, Occu. Agri. All R/o adawad, Tq. Chopada, Dist. Jalgaon. III] Shantabai Bhika Patil, Age 58 years, Occu. Agri R/o Adawad, Tq. Chopada, Dist. Jalgaon. (dismissed as per Court order dated 19th January, 2010) .. RESPONDENTS ... Smt. R.K. Ladda, A.G.P. for appellant State Shri R.C. Patil, Advocate for respondent Nos. 1(ii),2(i),2(ii) CORAM :- S.V. GANGAPURWALA, J. DATE : 24th AUGUST, 2010. ORAL JUDGMENT :- The State has preferred this appeal, against the Judgment and Award passed by the reference Court, thereby granting additional compensation of Rs. 11,040/- for an area of 20 Are, in respect of land Gut No. 283 and an additional compensation of Rs. 22,920/- for an area of 26 Are and 9 Are in respect of Gut No. 3 254-A and 254-B respectively. 2. The learned AGP Smt. Ladda, appearing for the appellant has contended that the reference Court has exorbitantly granted the compensation amount than what has been granted by SLAO. According to her, land in question is Jirayat land. 3. Perusal of the Judgment, it is manifest that the reference Court has come to the conclusion that land in question is Bagayat land and the comparable sale instances, which have been taken into consideration are of Jirayat land. The same were also at the relevant time valued at Rs.38,000 per acre. The said sale instances, were prior to three years of the acquisition of lands, and also prior to notification under section 4 of the Land Acquisition Act,1894. The reference Court has given valid reasons for enhancing the compensation amount. The enhanced compensation is not exorbitant one. The amount of compensation enhanced is not substantiated. 4 4. In the light to the above, the first appeal is dismissed. However, there shall be no order as to costs. [S.V. GANGAPURWALA,J] SDM*1697.09FA