1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.2000 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 15.03.2011. 1. Heard. 2. The land of the present Respondent was acquired. The S.L.A.O. awarded compensation at the rate of Rs.105/- per are, though in the body of the award it was stated that it determined the compensation at the rate of Rs.130/- per are. The claimant filed Reference U/s 18 of the Land Acquisition Act. The Reference Court enhanced the compensation at Rs.325/- per are. 3. Being aggrieved thereby, the State has preferred the present appeal. Mr.Sonawane, learned Asstt. Govt. Pleader submits that the SLAO has granted just and reasonable amount as 2 compensation but the Reference Court has awarded exorbitant amount without any evidence on record. The sale instance relied were much prior to the notification and the said land was at distance of 1 k.m. away from the land under acquisition. As such the Reference Court has committed an error. 4. I have gone through the judgment and the sale instances. The notification U/s 4 of the Land Acquisition Act, is published on 27.3.1986 and the sale instance relied is of the year 1983. The land under the said sale instance was the part of said Group Grampanchayat. It is also noticed that the land under acquisition was situated on the State Highway. The Reference Court has taken into consideration the factum of 10% increase every year. Considering all the said aspects, the Reference Court has awarded modest amount. The SLAO has awarded the total compensation of Rs.35,985/- (Rupees thirty five thousand nine hundred eighty five only) and the Reference Court has enhanced to Rs.59,485/- (Rupees fifty nine thousand four hundred eighty five only) by 3 taking into consideration the sale instances, the situation of the property and the potentiality of the land. 5. In light of the above, no error is committed by the Reference Court. The First Appeal as such is dismissed. There shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.15.03.2011. asp/office/fa2000.10 4