FA 142/10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 71 FIRST APPEAL NO. 142 OF 2010 WITH CIVIL APPLICATION NO. 2345 OF 2009 IN FA/142/2010 THE STATE OF MAH AND ORS VERSUS SHANKAR SADASHIV PAWAR L.RS. SUREKHA AND ORS ... AGP for Appellants/State : Mr. S.S. Dande Advocate for Respondents 1 to 3 : Mr. A.N. Hajare h/f. Mr. B.K. Pawar ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : July 27, 2026 PER COURT :- 1. As the acquisition proceeding was initiated in the year 1993, heard finally with the consent of learned counsel for respective parties. 2. The present appeal arises out of judgment and order dated 29.4.2008 passed by the learned Jt. Civil Judge, Senior Division, Omerga in LAR No. 846/2005. 3. The lands of the claimants situated at village Naichakur, Taluka Omerga, Dist. Osmanabad were acquired for Sarvadi Medium Project, which are as follows :- Sr. No. Name of the Party Gat No. Area Award passed on Demand 1 In LAR No. 846/2005 Sy. No. 772/74/1 72/74/3 72/74/5 6/6/1 6/6/4 84 R. 22 R. 20 R. 72 R. 5R in his 1/3 share 11/2/98 Rs.16,30,628/- Restricted his claim up to Rs.10,00,000/- The notification under section 4 was issued. Award was passed by the 2026:BHC-AUG:31945 FA 142/10 2 Special Land Acquisition Officer on 11.2.1998 and has granted rate of Rs.17,000/- per H. and Rs. 6,800/- per Acre. The learned reference court enhanced the same at the rate of Rs.40,000/-per Acre. Being aggrieved, the State has preferred the present appeal. 4. Having heard the learned AGP for the appellant, I have gone through the record with the assistance of learned AGP. The learned reference court has granted 6800/- per Acre. 7/12 extract of the acquired land shows that there were fruit bearing trees and the learned reference court relied upon valuer’s report for granting compensation for fruit bearing trees and also for structure. After going through the same, I find that the learned reference court has rightly relied upon the valuer’s report and has granted compensation for fruit bearing trees and for structure. The 7/12 extract also shows that the reference court has granted reasonable compensation. The land was acquired in the year 1993. Considering the above, I do not find any reason to interfere in the impugned judgment and award passed by the reference court. The first appeal is devoid of merits and the same is dismissed. Pending civil application, if any, also stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/