FA 41/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 315 FIRST APPEAL NO. 41 OF 2010 THE STATE OF MAHARASHTRA AND ORS VERSUS TUKARAM BALA KHOLE AND ANR ... AGP for appellants/State : Mr. S.N. Morampalle Advocate for Respondent No. 1 : Mr. D.B. Dangode h/f. Mr. D.R. Jaybhar ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 1. As the acquisition proceeding is initiated in the year 1992, heard finally with the consent of learned counsel for the respective parties. 2. By this appeal, the appellants/State assails the judgment and award dated 8.4.2004 passed by the learned III Ad-hoc Additional District Judge, Beed in LAR No. 364/2000, whereby the learned reference court has enhanced the compensation at the rate of Rs.1500/- per R. 3. The land of the claimant admeasuring 44 R. from Gat No. 278 situated at village Rakshasbhuwan, Tq. Patoda, District Beed was acquired for the purpose of construction of canal of Rakshasbhuwan Project. Notification under section 4 of the Land Acquisition Act came to be published 11.6.1992. Special Land Acquisition Officer (SLAO) declared award on 25.2.1998 and has granted compensation at the rate of Rs.180/- per R. The claimant received the amount under protest and sought reference under section 18 of the Act as SLAO has granted very meager and inadequate compensation. 4. Before the reference court the claimant relied upon the sale instance, 2026:BHC-AUG:46555 FA 41/2010 2 Exh. 21, dated 23.3.1992, by which 20 R. land was sold for consideration of Rs. 15,000/- i.e. Rs.750/- per R. The said sale instance was prior to section 4 notification. Even when the above sale instance was available by which rate comes to Rs.750/- per R., the reference court determined the market value of the acquired land at the rate of Rs.500/- per R. Therefore, this Court is of the view that the enhancement granted by the reference court is just, proper and reasonable. No case is made out for interference. Hence, the appeal filed by the State is dismissed. Pending civil application, if any, also stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/