FA 2340/08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 15 FIRST APPEAL NO. 2340 OF 2008 STATE OF MAHARASHTRA VERSUS HUSEN GULAB PATHAN AND ORS ... AGP for Appellant : Mr. S.S. Dande Advocate for Respondents 1, 3 to 8 : Mr. A.F. Naiknaware h/f. Mr. S.S. Deshmukh ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 31, 2026 PER COURT :- 1. As the acquisition proceedings were initiated in the year 1987, heard finally with the consent of the learned counsel for the respective parties. 2. By this appeal, the appellant/acquiring body assails the judgment and award dated 27.1.2005 passed by the learned Jt. Civil Judge, Senior Division, Ahmednagar in LAR No. 50/1991, whereby the reference court has enhanced the compensation in favour of the claimants. 3. The land of the claimants admeasuring 79 R. from Gat No. 269 situated at village Dhoki, Tal. Parner, District Ahmednagar was acquired for the purpose of percolation tank. Notification under section 4 of the Land Acquisition Act was published on 3.12.1987. The Special Land Acquisition Officer (SLAO) has passed the award on 15.3.1990 and granted very meager compensation. Being dissatisfied with the award of the SLAO, the claimant filed an application before the Collector for referring the matter under section 18 of the Act for proper determination of the market value of the acquired land. The learned reference court after going through the evidence and examining the record, enhanced the compensation at the rate 2026:BHC-AUG:41137 FA 2340/08 2 of Rs.10,080/- i.e. Rs.252/- per R. Being dissatisfied with the same, the present appeal is filed by the original claimant. 4. Mr. S.S. Dande, learned AGP submits that the SLAO has rightly determined the compensation and the reference court committed error while considering the oral as well as documentary evidence led by the parties and therefore, unnecessary burden was put on public exchequer and therefore, the order passed by the reference court needs to be set aside. 5. Mr. A.F. Naiknawre, learned advocate h/f. Mr. Sandeep Deshmukh, learned counsel for original claimants supports the impugned judgment and order passed by the reference court and prays to dismiss the appeal. 6. Having heard the learned counsel for the respective parties, with their assistance I have gone through the record and proceedings and the impugned judgment and award of the reference court. The land is acquired for percolation tank from village Dhoki, Taluka Parner, District Ahmednagar. 79 R. Jirayat land of the claimants was acquired for abovesaid project. Section 4 notification was issued on 3.12.1987. The learned reference court considering the sale instances at Sr. No. 5 determined the compensation at the rate of Rs. 10,080/- per Acre i.e. Rs. 252/- per R. by applying 50% deductions. Therefore, considering the above, the reference court has not committed any error and not granted compensation which can be said to be excessive or exorbitant. Therefore, I find that no interference is warranted. The appeal is devoid of merits and the same is dismissed. Civil application, if any, also stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/