: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 APPEAL NO.1081 OF 1991 WITH CROSS OBJECTIONS ST. NO.8901 OF 2006 The State of Maharashtra. ..Appellant. Vs. Shri. Jana Rama Chimane and ors. ..Respondents. Mr.B.H.Mehta, AGP. for the Apppellant. Mr.Rajiv Patil with Mr. Dushant Purekar for the Respondents. CORAM: R.S. MOHITE, J. DATE : 25th June,2008 ORAL JUDGMENT : 1. The State has filed this appeal impugning a judgment and order passed by the Civil Judge, S.D., Alibag in L.A.R.No. 53/1987. In the cross objections the claimants have claimed enhanced compensation calculated on the market value of Rs.20/- per sq.metre. 2. The lands in question are situated at Village Kamothe, Tal. Panvel, District Raigad. There were two lands acquired, one land is admeasuring 500sq.mtrs. and the area of the second land is 4110sq.mtrs. The land was acquired for New Bombay Project and the award was passed on 19.8.1986. The Land Acquisition Officer determined the market value of the land at Rs.2/- per sq. metre. The claimants initially filed reference seeking enhanced :2: compensation at Rs.20/- per sq.metre. The reference was numbered as L.A.R.No.53/1987 and by the impugned judgment and order the Reference Court awarded compensation on the basis of the market value of the smaller land adm. 500-sq.mtrs. at Rs.15/- per sq.metre and for the larger land adm. 4110-sq.mtrs. at Rs.12/- per sq.metre. 3. Being aggrieved by the said order, the State has filed the aforesaid first appeal and the claimants have filed their cross objections. It is seen that the market value of land in Village Kamothe acquired under the same Section 4 Notification and the same project has been determined by the Division Bench of this Court in the judgment delivered in First Appeal No.423 of 1996 on 16.9.2004. In respect of the land situated at a distance of 800 to 2200 mtrs. from Bombay Poona High way the Division Bench fixed the rate at Rs.20/- per sq.metre. The Valuer’s report states that the present lands are at a distance of 2880 metres away from Bombay Poona High Way. In the circumstances, the market value of the land would be less than Rs.20/- per sq.metre. In First Appeal No.76/1990, this court was concerned with the land situated at 3280sq.mtrs. from the High way. The Judgment is dated 18.3.2006. After making reference to the Division Bench Judgment the court observed that the market value of the land cannot be less :3: than Rs.17 to 18/- per sq. metre. In this view of the matter, since the present land is less than 3280sq.mtrs away from the High Way, it would be proper to held that the market value of the land was Rs.18/-per sq.metre. In view of the aforesaid matter, following order is passed. ORDER 1. First Appeal No.1981 of 1991 filed by the State is dismissed and the Cross Objections St.No.8901/2006 stand partly allowed. 2. It is held that the market value of the land acquired is Rs.18/- per sq. metre. In addition to the market value, the claimants will be entitled to Solatium at 30% on the market value as provided under Section-23(2) of the Land Acquisition Act, Compensation at the rate of 12% per annum as provided Under Section 23(1)(a) of the Land Acquisition Act from the date of publication of the notification under Section-4 i.e. from 5.9.1970 till the date of Award of the Collector or the date of taking over possession (whichever is earlier), Interest at the rate as provided under Section 28 of the Act from the date of taking over possession i.e. from 29.8.1986 till the date of actual payment. It :4: is made clear that while making actual payment deduction of any amount already paid and received by the claimants can be adjusted. First Appeal and Cross Objections stand disposed odd accordingly. (R.S. MOHITE, J.)