4-FA-1833-2010.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 4 FIRST APPEAL NO. 1833 OF 2010 State Of Maharashtra VERSUS Chhabibai Ramsing Naik (Deceased) Through L.Rs. Chhalobai W/o Mamraj Rathod …… Mr. A.M. Phule, AGP for Appellant-State Mr. A.B. Kale, Advocate for Respondents No.1A to 1D …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 16 SEPTEMBER, 2026 PER COURT : 1. Heard learned counsel for the respective parties. 2. By this Appeal, the appellant-acquiring body takes exception to the Judgment and Award dated 21.03.2002 passed by the learned Additional District Judge, Jalgaon, in Land Acquisition Reference No.643 of 2001, whereby the learned Reference Court has enhanced the compensation payable to the claimant and enhanced the market value to Rs.4,00,000/- per hectare for acquired Bagayat land. 3. Learned counsel for the appellant submits that the learned Reference Court was not justified in enhancing the compensation. Learned counsel for the claimant, however, supports the impugned Judgment and Award. 2026:BHC-AUG:43019 4-FA-1833-2010.odt 2 4. I have considered the rival submissions and perused the impugned Judgment and Award as well as the material placed on record. 5. The issue involved in the present Appeal is no longer res integra. A Division Bench of this Court, in Special Land Acquisition Officer (III), Jalgaon and another Vs. Bhagwat Vitthal Sonwane, reported in 2009 (4) Mh.L.J. 308, has already considered the market value of the lands acquired for the same project and determined the appropriate rates of compensation. The said decision, therefore, squarely covers the controversy involved in the present Appeal. 6. In view of the aforesaid binding decision of the Division Bench, no useful purpose would be served by examining the quantum of compensation independently in the present Appeal. In the circumstances, I am not inclined to entertain the present Appeal. The Appeal is, therefore, liable to be dismissed. 7. The First Appeal is dismissed. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane