JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. This appeal has been filed by the appellant to challenge the judgment and order dated 6th of December, 2004 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in First Appeal No.875 of 2003 reversing the order dated 27th of April, 1994 of the Reference Court, under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) whereby the High Court had reduced the quantum of compensation, as enhanced by the Reference Court from Rs.83,000/- to Rs.40,226/-.

3. The relevant facts as arising from the case made out by the parties, leading to filing of this appeal, and which will help us in understanding the controversy involved, can be summarized as follows.

The property in acquisition belonged to the appellant, bearing House No. 100/5 at village Deolali, Tal. & District Osmanabad (hereinafter referred to as the ‘acquired property’). The same was sought to be acquired by the State Respondent for the Ruibhor Medium Project. On 10th of September, 1985, the State Respondent issued a notification under section 4 of the Act regarding the need of the acquired property for purposes mentioned in the no