1 fast28025.09 IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD The Executive Engineer Medium Project Division Nanded .. APPELLANT VERSUS Venkati Manika Shinde & others .. RESPONDENTS Mr. A.B. Bhagwat, advocate for the appellant. Mr. K.S. Patil, AGP for the State. Mr. R.P. bhumkar, advoate for respondent no. 2. ==== CORAM : R.M. BORDE, J. DATED : 30 th JUNE, 2011. PER COURT : 1 Appellant is raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Kandhar on 13-12-2006 in LAR No. 313/2003. 2 Agricultural lands belonging to the claimants out of survey no. 71 admeasuring 8 H and 22 R has been acquired for construction of Upper Manor Project at village Gaundgaon. Notification under section 4 of the Land Acquisition Act was issued on 29-8-1993. After following the procedure 2 fast28025.09 prescribed under the Act, award came to be passed by the Special Land Acquisition Officer. The Special Land Acquisition Officer offered compensation at the rate of Rs. 23,200/- per acre i.e. Rs. 58,000/- per hector in respect of the acquired land. Claimants being dis-satisfied with the award, tendered application seeking reference of the matter to the civil court for determination of market value of the acquired land. Claimants claim compensation at the rate of Rs. 90,000/- per H. On consideration of the evidence lead by the claimants, reference court came to the conclusion that proper market value of the acquired land shall be Rs.28,000/- per acre and, directed the State as well as the acquiring body to pay enhanced amount of compensation accordingly. 3 I have perused the judgment and award passed by the reference court. Reference court has awarded meager amount towards enhanced compensation. Enhancement that has been awarded is based on evidence placed on record by the claimants in the form of comparable sale instances and the other oral evidence. On consideration of the relevant factors, I am convinced that no interference is called for in the appeal. Appeal is devoid of substance hence stands dismissed. 3 fast28025.09 4 It is also pointed out that in companion matters arising out of the same award, applications were presented seeking condonation of delay. This court, however, refused to condone delay and as such appeals were not at all registered. Considering the precedence, I do not deem it necessary to cause interference in the appeal as the appeal is devoid of substance. Appeal therefore stands dismissed. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb