IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.140 OF 1991 ALONGWITH CROSS OBJECTIONS (ST) NO.16367 OF 2004 The State of Maharashtra, ) (at the instance of the Special ) Land Acquisition Officer, Metro ) Center No.12, Panvel, Taluka ) Panvel, Dist. Raigad. )..Appellant Versus Sitaram Mahadeo Goware ) since deceased through L.R.’s ) a) Chandrakant Sitaram Goware ) age-52, son, resident of ) Kamothe, Post Kamothe, Tal. ) Panvel, Dist. Raigad. ) b) Smt.Changunabai Chahu Patil ) age-48, daughter, resident of ) Kamothe, Post Kamothe, Tal. ) Panvel, Dist. Raigad. )..Respondents ---- Mrs.S.P.Manchekar AGP for the State. Mr.Rohan S.Darandale i/by Rajesh S.Datar for respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 2.7.2008. Judgment :- 1. The aforesaid appeal filed by the State of Maharashtra impugns a judgment and order passed by the Additional District Judge, Raigad, at Alibag on 28.2.1990 in Land Acquisition Reference No.481 of 1986. The aforesaid cross objections are filed on behalf of the claimants in the aforesaid First Appeal filed by the State of Maharashtra. : 2 : 2. The brief facts of the case are as under :- (a) That by a Notification dated 3.2.1970 issued under Section 4 of the Land Acquisition Act, parts of survey nos.9, 10, 19, 20, 22 & 92 total admeasuring 14870 square meters was acquired by the State of Maharashtra after following due procedure. An award came to be passed on 5.8.1986. The Land Acquisition Officer arrived at the market value of the land as Rs.3 per square meter. (b) Being aggrieved by the market rate as awarded by the Land Acquisition Officer, the claimants initiated reference proceedings and ultimately by the impugned judgment and order the reference Court has calculated market value of all the lands uniformly at the rate of Rs.15 per square meter. (c) Being aggrieved, the State of Maharashtra filed the aforesaid First Appeal in which, cross objections have been filed by the claimants as aforesaid. 3. The question of determination of market value in respect of lands under Section 4 Notification has already been decided by the Division Bench of this Court in several judgments. In the latest judgment : 3 : of this Court delivered by the Division Bench in First Appeal No.604 of 1995 in the case of The State The State The State of Maharashtra V/s. Prakash Vasudeo Deodhar of Maharashtra V/s. Prakash Vasudeo Deodhar of Maharashtra V/s. Prakash Vasudeo Deodhar and in connected appeals, after considering the earlier judgments, in paragraph-17 the Division Bench has observed as under :- " The Claimants would be entitled to compensation for acquisition of their lands as under :- (a) Lands falling within 750 meters of the National Highway-Rs.25/- per.sq.metre. (b) Land falling within 750 to 1500 metres of the National Highway- Rs.23/- per sq.metre. (c) Land falling beyond 1500 metres of the National Highway- Rs.21/- per sq.metre. 4. It is not disputed that the present land is situated at the distance of 1836 square metre from the Bombay Pune National Highway. The Division Bench was also concerned with the land of village Kamothe and in accordance with the observation, market value of the land has to be calculated @ Rs.21 per square meter. 5. In the net result, First Appeal filed by the : 4 : State of Maharashtra is dismissed and the cross-objections filed by the respondents are partly allowed. It is directed that the market value of the lands which are the subject matter of this appeal is to be calculated @ Rs.21 per square meter. On the basis of the amount of the market value so calculated the State will further calculate and pay solatium @ 30% as provided under Section 23(2) of the Land Acquisition Act. Compensation @ 12% p.a. as provided under Section 23(1) (A) from the date of publication of Notification under Section 4 i.e. 5.9.1970 till the date of the award of the Collector i.e. 5.8.1986. Interest @ 9% p.a. as provided under Section 28 of the Land Acquisition Act for a period of one year from the date of taking over possession i.e. 7.8.1986 and subsequently @ 15% p.a. till making of payment. It is further directed that the total compensation will be calculated and paid by the State to the claimants within a period of six months from today unless there is any further judicial order which prevents making of such payment. First Appeal and Cross-objections stand disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J) : 5 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.761 OF 2004 IN FIRST APPEAL NO.140 OF 1991 Chandrakant Sitaram Goware )..Applicant V/s. State of Maharashtra )..Respondent ---- Mr.Rohan S.Darandale i/by Rajesh Datar for applicant. Mrs.S.P.Manchekar AGP for the State. ---- Coram : R.S.Mohite,J Date : 2.7.2008. PC 1. This is a Civil Application for condonation of 1 year 8 months & 29 days caused in filing of the cross objections. There is no reply filed to the Application. It is already held by this Court that in any case reference Court under Land Acquisition Act was duty bound to arrive at the market rate even in the State Appeals and that such determination can be made in the First Appeal. Hence, for the reasons which are mentioned in the application and which are accepted, delay in filing cross objections is condoned. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)