CA 9589/14 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 6 CIVIL APPLICATION NO. 9589 OF 2014 IN FAST/17970/2014 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS KUNDLIK GYANBA (DIED) CPS (1) AND ANOTHER ... AGP for Applicants/State : Mr. S.N. Morampalle ... WITH CIVIL APPLICATION NO. 9588 OF 2014 IN FAST/17970/2014 … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 1. In civil application filed for condonation of delay, heard the learned AGP for the State/appellant. For the averments made in the application, the application is allowed. Delay is condoned. 2. As the acquisition proceeding is initiated in the year 1996, heard finally with the consent of learned AGP for State. None appears for respondents. 3. By this appeal, the appellants/State assails the judgment and award dated 28.4.2009 passed by the Ad-hoc District Judge-2, Ambajogai in LAR No. 56/2004 whereby the learned reference court has enhanced the compensation amount determined by the SLAO. 4. The land of the claimants admeasuring 1 H. 47 R. land from Survey Nos. 51/5 and 384 situated at village Jirewadi was acquired for construction of percolation tank at village Jirewadi. Notification under section 4 of the Land Acquisition Act came to be published on 21.3.1996. The award under 2026:BHC-AUG:46543 CA 9589/14 2 section 11 of the Act came to be published on 20.3.1999. The learned Special Land Acquisition officer has awarded compensation at the rate of Rs.245/- per R. The claimants after accepting the amount under protest, filed reference under section 18 of the Act for enhancement. Before the reference court, the claimants relied upon the sale instances, Exh. 17 to 19. After considering the sale instances, the learned reference court enhanced compensation at the rate of Rs.1400/- per R. for Jirayat land. 5. Having heard the learned AGP, with his assistance, I have gone through the record and proceedings and the impugned judgment and award of the reference court. On perusal of the same, it appears that the reference court has relied upon the sale instances, Exhs. 17 to 19 and recorded finding that as per the sale instances rate comes to Rs. 3600/-, Rs. 5406/- and Rs.3846/- and those are to be considered as comparable sale instances and as the acquired land is Jirayat land, the learned reference court has determined the market value of the acquired lands at the rate of Rs. 1400/- per R. Therefore, this court is of the view that the reference court has not granted any exorbitant or excessive compensation. Hence, no case is made out by the State for interference. The present appeal is devoid of merits and therefore, the same is dismissed. Pending civil applications, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/