:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPERAL NO.73 OF 1991 The State of Maharashtra. ..Appellant. Vs. Shri. Keru K. Koli and ors. ..Respondents. Mr.B.H.Mehta for the Appellant. Mr,.A.P.Mhatre for the Respondents. CORAM: R.S. MOHITE, J. DATE : 25th June,2008 P.C. P.C. P.C. 1. This is a first appeal filed by the State of Maharashtra impugning a judgment and order passed by the Joint District Judge, Thane on 23.11.1989 in L.A.R.No.57/1986. The respondents have also filed cross objections claiming compensation at the rate of Rs.12/- per sq.metre. 2. The brief facts of the case were as follows. a) The land of the claimants situated at Village Dighe,Taluka and District Thane for the purpose of M.I.D.C. Section 4 Notification in this regard was published in the Maharashtra Govt. Gazette on 16.7.1964. In due course, after following procedure, award was passed on 2.5.1986. The Special Land Acquisition Officer, Ulhas Valley Project, Thane who passed the award arrived at the conclusion that the land value was of Rs.2/- per sq. :2: metre. The acquired land being Gat No.237 was thus, calculated to be value of Rs.28,074/-. b) The claimants preferred a reference being L.A.R.No.57 of 1986 in the Court of Joint District Judge,Thane. This reference was allowed by the Reference Court and the court calculated the market value of the land at the rate of Rs.4/- per sq.metre. 3) Both the counsel appearing before me have admitted that the neighbouring Village Airoli in respect of which the acquisition was made in pursuance of the Notification dated 13.6.1964 which was just a month prior to the present notification and this court had granted a rate of Rs.6.40 per sq.metre. The evidence in the present case indicates that the land of the claimants acquired is only 50ft. away from Thane Belapur road. In fact, the Village Dighe is more towards the Thane town and the Airoli Village which is on the side of Dighe Village is however, away from Thane. In the circumstances, relying upon the judgment of this court in First Appeal No.460/1987 decided on 7.7.2000, I am of the view that the rate of Rs.6.40ps. can be granted to the present claimants. In the circumstances, First Appeal No.73/1991 is dismissed and the cross objections filed on behalf :3: of the claimants are partly allowed. 4. It is declared that the market value of the acquired land would be Rs.6.40ps. per sq.metre. 5. The opponents are directed to calculate and pay the enhanced amount to the aforesaid claimants. In addition to the amount of market value that is arrived at, the claimants will be entitled for solatium @ Rs.30% on the land value, interest at the rate of 12% per annum from the date of publication of the notification under Section 4(1) of the Act till the date of the award and interest at the rate of 9% per annum from the date on which the opponent took possession of the land i.e. 6.3.1986 for the period of one year and thereafter at the rate of 15% per month from the date of expiry of the said period of one year till actual payment of the enhanced amount. While calculating the final amount now payable, adjustment will be permitted on the amount which is already paid and accepted by the claimants in the past as compensation. 6. Appeal stands disposed off and Cross objections stand partly allowed accordingly. (R.S. MOHITE, J.)