1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 192/2010 WITH FIRST APPEAL NO. 193/2010 WITH FIRST APPEAL NO. 194/2010 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri V.D. Rakh, A.G.P. for appellant. ........................... [CORAM : K.U. CHANDIWAL, J ] DATE : 02ND FEBRUARY, 2010. PER COURT : 1 Heard learned A.G.P. 2 The States feels aggrieved by enhancement amount by reference Court at Latur by order dated 31-12-1994 in the group matters. 3 The bone contention from the State is, the sale instance Ex. 22 of 1975 considered by the reference court is for the land situated at Hasangaon, around 2 to 3 k.m. away from Lohata where the 2 land in question is situated and consequently learned A.G.P. urged that such reference of sale being illegal warrants interference. The learned judge was equipped with evidence of the attesting witnesses to the sale deed Ex. 22 from village Hasangaon for Rs. 28,000/- per acre for two acres 1 gunthas of the land. It is pertinent that the notification of the proceeding before Court was dated 03-09-1984 and after lapse of nine years, the sale instance was considered. The learned judge was crippled for reference of any other sale instance and was in the situation justified in considering the sale instance. 4 It has come on record that the distance between Hasangaon and Lohata is 1 k.m.. The learned judge has considered the same to be within radius of 4 to 5 k.m. due to the potentiality of the lands in vicinity of the area, he has made enhancement. The property was acquired in the year 1984. The 3 claimants were prosecuting for just claim seeking to challenge the award dated 07-12-1987. No interference called for. Respective appeals dismissed. No costs. [ K.U. CHANDIWAL, J ] tskfa192.10