:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.703 OF 1991 WITH CROSS OBJECTION NO.2399 OF 2008 The State of Maharashtra, through the Special Land Acquisition Officer, Metro Centre No.1, Panvel, Dist. Raigad. ...Appellant. Vs. Ramchandra Kamlya Gawand since deceased through his legal heirs : 1a) Narayan Ramchandra Gawant, Age 64 years, R/o. Wali Apartment, Ground floor Room No.A1, Bunder road, Panvel, Dist.Raigad. 1b) Ananta Ramchandra Gavand, Age 54 yerars, R/o. Shrinagar colony, Plot No.7, Ganganagar, Satara. ...Respondents. Mrs. S.P. Manchekar, Govt. Pleader for the Appellant. Mr. Rajiv Patil for the Respondents 1a and 1b. CORAM : R.S. MOHITE, J. DATE : 29/9/2008. ORAL JUDGMENT : 1. This is a first appeal filed by the State impugning a judgment and order passed by the III Additional Judge, Raigad-Alibag 19.2.1990 in Land Acquisition Reference No.299 of 1986. 2. The brief facts of the case were as under: :2: a) The Notification was issued under Section 4 on 4.2.1970. The land in question which bear different survey nos. and hissa numbers totally admeasuring 14600-sq.mtrs. were sought to be acquired. The award in respect of this acquisition came to be declared on 5.8.1985. The Land Acquisition Officer awarded compensation at the rate of Rs.1.00 to Rs.3.00 per sq.mtr. and the total amount of compensation declared was Rs.86,007.60ps. The claimants preferred reference which came to be disposed off by the impugned judgment and order and the Reference court fixed the compensation of the land at Rs.12/- per sq. mtr. 3. In the present case, as per the Valuer’s report which remained uncontroverted, the lands in question fall within a belt from 2160 metres to 3760 mtrs. from the Bombay Poona National Highway. The applicant has claimed compensation at the rate of Rs.20/- per sq.mtrs. It is seen from the map that the entire belt of land is very near to Kamothe Gaothan and though the exact situation is not given in the map. From the other distances from Bombay Poona Highway, it can be said that the disputed lands are situated within a distance of 200 to 640 mtrs. from Zilla Parishad road and Gaothan. This being the position, the land will fall within group 4B of matters as referred in Para 26 of the judgment of this court which also concerned the :3: same village and delivered in the group of matters headed by F.A.No.754 of 2006 ( Name Padu Hudar Vs. State of Maharashtra). In respect of this group, the Division Bench of this court (S.W. Puranik & D.J. Moharir, JJ.) awarded compensation at the rate at Rs.20/- per sq.mtr. In the circumstances, the appeal filed by the State is dismissed and the cross objections are allowed. Hence,I pass the following order. ORDER a. The impugned judgment and order is set aside and it is directed that the market value of the land will be calculated at the rate of Rs.20/- per sq.mtr. and solatium and interest will be recalculated on compensation arrived at the aforesaid market value. b. The Land Acquisition Officer is directed to recalculate and pay the amount to be calculated as aforesaid within a period of six months from today. Appeal stands disposed off in the aforesaid terms. c. The Government pleader to communicate this order forthwith to the Land Acquisition Officer. (R. S. MOHITE, J.)