( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ FIRST APPEAL NO.554 OF 1990 FIRST APPEAL NO.554 OF 1990 FIRST APPEAL NO.554 OF 1990 IN IN IN CIVIL APPLICATION NO.4064 OF 2008 CIVIL APPLICATION NO.4064 OF 2008 CIVIL APPLICATION NO.4064 OF 2008 Madhav Bhagwant Shringarpure (since deceased through his LRs) Smt. Sheela Madhav Shringarpure and Ors. ..Appellants V/s. The Special Land Acquisition Officer Metro Centre No.1, Panvel. ..Respondent ...... Mr.S.M. Kamble i/by D.K. Ghaisas for the appellants Mr. A.R.Patil, AGP for the respondent-State ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 20th April, 2009 DATED : 20th April, 2009 DATED : 20th April, 2009 ORAL JUDGMENT ORAL JUDGMENT ORAL JUDGMENT 1. The land owned by the original appellant came to be acquired in accordance with provisions of the Land Acquisition Act (hereinafter referred to as the "said Act") by Special Land Acquisition Officer, Metro Center No.1 Panvel, Dist.Raigad. The suit land is situated at Panvel. The Special Land Acquisition Officer granted compensation to the appellant @ Rs.6 per sq.mtr. Being aggrieved by the said grant, the original appellant Madhav Shringarpure filed reference under Section 18 of the said Act being LAR No.81 of 1981 in the Court of learned Civil Judge, Senior Division, Raigad at Alibag. The said reference came ( 2 ) to be decided by the learned Civil Judge, Senior Division, Raigad at Alibag by his judgment and decree dated 31st March, 1987. The learned Judge granted compensation @Rs.12 per sq.mtr. Before the learned Judge original appellant Mr.Madhav Shringarpure has given evidence as PW-1. Mr. Jivan Kulkarni, valuer is examined as PW-2. In the evidence of said Jivan Kulkarni, there is a specific statement wherein it is mentioned that the land in question is 2000 meter away from Bombay-Pune highway. This evidence is required to be considered while deciding the quantum of compensation. 2. Learned advocate Mr. Kamble appearing on behalf of the appellants had drawn my attention to the judgment of this Court in the Fist Appeal No.754 of 1986 dated 25th and 26th February, 1993 where the division bench was required to consider the question of grant of compensation in regard to the lands situate with in the municipal limits of Panvel and Kamothe. The learned advocate Mr.Kamble drew my attention to the judgment and pointed out that the division bench came out with principles to grant compensation based on the distance between the property in question at Bombay-Pune highway. 3. Learned advocate Mr.Kamble had pointed out ( 3 ) that the word of Jivan Kulkarni, valuer that the suit property is at a distance of about 2000 meters away from Bombay-Pune highway has gone unchallenged and therefore considering the decision of the division bench, the appellant is entitled to receive compensation @Rs.20 per sq.mtr. Learned advocate Mr.Kamble had therefore submitted that the order passed by the learned Civil Judge, Senior Division, Raigad at Alibag in the land reference is required to be set aside and that the appellant is required to be paid compensation @Rs.20 per sq.mtr. 4. I have perused the judgment on the basis of the submission advanced before the Court that the appellants are entitled to receive compensation @Rs.20 per sq.mtr. and considering the evidence on record and the judgment cited, I am inclined to observe that the original appellant and now the present appellants who are on record on account of death of the original appellant are entitled to receive compensation @Rs.20 per sq.mtr. In addition to the compensation receivable as aforesaid in regard to the suit lands, the appellants shall also be entitled to receive interest under Section 23 (1-A), Solatium under Section 23(2) on the market value fixed @Rs.20 per sq.mtr. In addition to this, the appellants shall be entitled to interest under Section 28 of the said Act ( 4 ) on the components of market value, interest under Section 23(2) of the said Act. The judgment dated 31st March, 1987 passed by learned Civil Judge, Senior Division, Raigad at Alibag is set aside and its place following order can be passed. 5. For the reasons mentioned aforesaid, the first appeal is disposed of by passing following order:- ORDER ORDER ORDER . The impugned judgment dated 31st March, 1987 in LAR No.81 of 1981 passed by learned Civil Judge, Senior Division, Raigad at Alibag is set aside. The appellants are entitled to receive compensation @Rs.20 per sq.mtr. and all other statutory benefits thereon under Section 23(1-A), 23(2) and Section 28 of the Land Acquisition Act, 1984. . The Record and Proceedings and the Writ of this Court shall be sent to the Principal District & Session Judge, Raigad at Alibag. Upon receipt of the said Writ and Record & Proceedings, the learned Principal District & Sessions Judge shall assign the LAR ( 5 ) No.81 of 1981 to a judge who is competent to decide the reference under the Land Acquisition Act. . The said Judge will calculate the amount of compensation payable to the appellants in light of the observations made in paragraph 4 of this judgment within a period of four months from the date of receipt of Writ of this order and the record of LAR No.81 of 1981. The amount so calculated shall be paid by the respondent-State to the appellants. The respondent-State will pay the costs of this appeal to the appellants. Certified copy is expedited. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)