JUDGMENT

R.V.Raveendran, J. —

Leave granted.

2. An extent of 1,06,864 sq.m. of land including 5070 sq.m. of land in Survey No. 284 (Part) in Pernem village of which the appellants are co-owners was acquired in pursuance of preliminary notification dated 12.1.1990 (Gazetted on 1.2.1990). By award dated 27.3.1991, the Land Acquisition Officer awarded compensation for the acquired land at the rate of Rs.17 per sq.m. As there were three tenants, namely, Krishna Arjun Kauthankar, Keshav Bhikaji Kauthankar and Harischandra Bhikaji Kauthankar and as the co-owners had admitted their tenancy rights, the Land Acquisition Officer directed that the compensation to be divided between the owners and the tenants at the rate of 50% each. The reference court, by judgment daed 22.11.2002, increased the compensation from Rs.17 per sq.m. to Rs.175 per sq.m. The appeal by the State was allowed by a division bench of the Bombay High Court, by the impugned judgment dated 14.11.2008. The High Court set aside the judgment and award of the reference court, thereby restoring the award of Rs.17/- per sq.m. by the Land Acquisition Officer, on the following reasoning:

“..... the Applicants’ acquired portion wa