FA 2439/09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 301 FIRST APPEAL NO. 2439 OF 2009 STATE OF MAHARASHTRA VERSUS KASHINATH MADHAV MATE ... Advocate for Appellants : Mr. A.D. Wange Advocate for Respondents : Mr. D.B. Dangodeh/f. Mr. D.R. Jaybhar ... WITH CIVIL APPLICATION NO. 10130 OF 2008 IN FA/2439/2009 WITH CIVIL APPLICATION NO. 10138 OF 2008 IN FA/2440/2009 WITH FIRST APPEAL NO. 2440 OF 2009 … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 30, 2026 PER COURT :- 1. As the acquisition proceeding is initiated in the year 1987, heard finally with the consent of learned counsel for the respective parties. 2. By this appeal, the appellant/State the judgment and award dated 23.9.1998 passed by the IVth Ad-hoc Additional District Judge, Beed in LAR Nos. 17/1996 and 16/1996, whereby the learned reference court has enhanced the compensation. 3. The lands of the claimants admeasuring 56.5 R. from Block No. 117 and 1 H. 24 R. from Block No. 114 involved in present matters were acquired by the State for construction of a percolation tank at village Dagadgaon (Aurangpur Kukda) Tq. Gevrai, District Beed. Notification under section 4 of the Land Acquisition Act came to be published on 17.12.1987. 2026:BHC-AUG:46548 FA 2439/09 2 Possession of the lands was taken on 10.8.1985. Special Land Acquisition Officer (SLAO) published award on 5.1.1991 and has granted compensation at the rate of Rs.130/- per R. and Rs. 115/- per R., respectively. The claimants received the amount under protest and filed reference under section 18 of the Act as SLAO has granted very meager and inadequate compensation. The learned reference court after considering the evidence on record, determined the market value of the acquired lands at the rate of Rs.875/- per R. Hence, the present appeals are filed by the State as exorbitant compensation has been granted by the reference court. 4. Heard the learned counsel for the respective parties and with their able assistance I have gone through the record and proceedings and impugned judgment and award of the reference court. The learned reference court relied upon the order dated 30.10.1995 passed in LAR No. 483/1991 and other connected matters, which arise from the same notification, from the same village and has granted compensation at the rate of Rs.875/- per R. It was not brought to my notice that the said order was challenged before this Court or the said order was set aside by this Court. Though the order passed in LAR No. 483/1991 (supra) cannot be considered as binding precedent, however, the same can be considered as guiding principle to determine the market value and therefore, the learned reference court has relied upon the the order passed in above LAR and determined the compensation. After going through the impugned award, I find that the learned reference court has granted reasonable, just and proper compensation and no exorbitant compensation is granted. Considering all this, I hold that no case is made out for interference in the FA 2439/09 3 impugned judgment and award of the reference court. Hence, both the appeals are dismissed. Pending civil applications, if any, also stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/