FA 1724/16 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 266 FIRST APPEAL NO. 1724 OF 2016 THE STATE OF MAHARASHTRA AND OTHERS VERSUS BABU KRUSHNA ARALE AND OTHERS ... AGP for appellants/State : Mr. S.S. Dande Advocate for Respondent 1 : Mr. L.C. Patil ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : October 08, 2026 PER COURT :- 1. As the acquisition proceeding is of the year 1988, heard finally with the consent of learned counsel for respective parties. 2. By this appeal, the appellants/State assails the judgment and award dated 27.10.2010 passed by the learned Civil Judge, Senior Division, Omerga in LAR No. 1249/2009 (Old No. 142/1994). 3. The lands of the claimants admeasuring 4 H. from Survey No. 92 situated at Omerga, Taluka Omerga, District Osmanabad was acquired for the purpose of construction of Koregaon Minor Tank. Notification under section 4 came to be published on 13.12.1988. The Special Land Acquisition Officer (SLAO) declared award on 7.2.1992 and has granted compensation at the rate of Rs.140/- per R. i.e. Rs.14,000/- per H. After accepting the amount under protest, the claimants sought reference under section 18 of the Land Acquisition Act by contending that very inadequate and meager compensation has been gratned. 4. Before the reference court, the claimants relied upon sale instances, Exhs. 42 to 45. The reference court by relying upon the sale instance, Exh. 2026:BHC-AUG:48352 FA 1724/16 2 44, dated 19.8.1993, by which 81 R. land from S. No. 306 was sold for consideration of Rs.1,00,000/-, has determined the rate of acquired land by deducting 10% per year for preceding 5 years till 1988, which comes to Rs.1440/- per R. as section 4 notification came to be issued on 13.12.1988. Therefore, this court is of the view that the learned reference court has rightly considered the sale instance, Exh. 44 by applying 10% deduction for every year for preceding five years till 1988. Therefore, I hold that the reference court has granted just, reasonable and proper compensation for acquired land. No case is made out for interference in the impugned award. Hence, the appeal is dismissed. Pending civil application, if any, also stands disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/