FA 3188/09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 FIRST APPEAL NO. 3188 OF 2009 STATE OF MAHARASHTRA VERSUS GOVIND RAM WALKE AND ANR ... AGP for appellant/State : Mr. S.S. Dande Advocate for Respondents 1A to 1F : Mr. S.R. Nikam h/f. Mr. Y.V. Kakade ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 1. As the land acquisition proceeding is initiated in the year 1989, heard finally with the consent of the learned counsel for respective parties. 2. Present appeal is filed by the State assailing the judgment and award dated 15.12.2004 passed by the learned Joint Civil Judge, Senior Division, Ahmednagar in LAR No. 366/1992, by which reference court has enhanced compensation. 3. The land of the claimants admeasuring 26 R. from Gat No. 362/3, 91 R. from Gat No. 362/1 situated at Walke was acquired for percolation tank at Walki, Taluka and District Ahmedngar. Section 4 notification came to be published on 27.7.1989. The Special Land Acquisition officer has declared the award on 24.1.1992 and has granted rate of Rs.120/- per R. The claimants accepted the amount under protest and sought reference under section 18 of the Act by contending that the SLAO has granted very meager and inadequate compensation. Before the reference court the claimants relied upon the order passed in LAR No. 370/1992 whereby the learned reference court has granted rate of Rs.833/- per R. for Jirayat land. Hence, 2026:BHC-AUG:46236 FA 3188/09 2 the present appeal is filed by the acquiring body. 4. After considering the above, though the order passed in LAR No. 370/1992 cannot be binding precedent, but certainly that can be considered as guiding principle to determine the market value of the acquired land. It was also not brought to my notice that the order passed in that LAR was challenged or it was set aside by this Court. Considering all above, this Court is of the view that the learned reference court has not granted exorbitant or excessive compensation. No case is made out for interference. The appeal sans merit and the same is dismissed. Pending civil application, if any, stands also disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/