1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO.13971 OF 2008 WITH CIVIL APPLICATION NO.4009 OF 2008 IN FIRST APPEAL (STAMP) NO.13971 OF 2008 The State of Maharashtra, (at the instance of Special Land Acquisition Officer, M.C.No.3, New Panvel, Dist. Raigad .....Appellant V/s. 1. Shri Dharma Rama Todekar 2. Shri Janu Sakharam Todekar, Age – Adult, Occu – Agricultural R/at Kharghar, Tal. Panvel, Dist. Raigad. ..... Respondents Mr.S.N.Gawade, A.G.P., for the Appellant-State. Mr.S.M.Kamble, for respondent Nos.1 & 2. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : JULY 21, 2009 P.C. 1. Heard the learned counsel for the respective parties. 2. Admit. Mr.Kamble waives service of notice for respondent Nos.1 & 2. By consent of both the counsel appearing in the matter, the 2 First appeal is taken up for final hearing today itself. 3. This appeal is filed by the State of Maharashtra challenging the judgment and award passed by Joint Civil Judge, Senior Division, Alibag in L.A.R. No.1203 of 2000 (Old No.125 of 1998). The land of the respondents were acquired under the Land Acquisition Act, for New Bombay project. The land in question is located in Village Kharghar, Tal. Panvel, District – Raigad. A Notification under Section 4 was issued on 03-02-1970, which followed by a Notification under Section 6 dated 07-12-1972. On 21-07-1986, an Award was declared under Section 11 of the Act and on 31-12-1986 the possession of the land was taken. An application under Section 28(A) of the Act, was filed on behalf of the respondents on the basis of the judgment in L.A.R.No.140 of 1985. The Special Land Acquisition Officer passed an Award under Section 28(A) of the Act and awarded compensation @ Rs.8/- per sq. mtr. The respondents/original claimants thereafter, preferred a Reference under Section 28(a) of the Act, which was decided by the Joint Civil Judge, Senior Division, by the impugned order granted compensation @ Rs.20/- per sq.mtr. It is the aforesaid Award which is impugned at the instance of the State of Maharashtra in this First Appeal. 4. The learned A.G.P., for the appellant-State submitted that in connection with the very acquisition, a group of First Appeal was decided 3 by this Court in First Appeal No.875 of 1985 and other cognet matters and the Division Bench of this Court by its judgment and order dated 16-03-2000, awarded a compensation by fixing the value of the land @ Rs. 18/- per sq.mtr., for Kharghar Village. Relying on the same judgment, the learned A.G.P., for the appellant-State submitted that the Award of the Reference Court in granting compensation @ Rs.20/- per sq.mtr., is bad in law, as it was already decided by this Court to grant compensation @ Rs. 18/- per sq.mtr. 5. The learned counsel appearing for the respondents, after taking instructions from his client, submitted that he has no objection if the Award is modified and instead of Rs.20/- the value of the land is fixed at Rs.18/- per sq.mtr. 6. In view of the consent on behalf of the respondents and the consensus prevailing between the learned counsel appearing in the matter, without considering any other aspect, the order of the Trial Court in L.A.R.No.1203 of 2000 is modified by holding that the value of the land should be @ Rs.18/- per sq.mtr. instead of Rs.20/- per sq.mtr. This appeal is accordingly partly allowed by fixing the market price of the land in question at Rs.18/- per sq.mtr. Rest of the Award of the Reference Court is confirmed in connection with the payment of interest and solatium. The solatium and interest is to be paid in accordance with law 4 and as per the directions of the Reference Court and it should be on the basis of the market value of the land which is fixed at Rs.18/- per sq.mtr. 7. The First Appeal is partly allowed to the aforesaid extent with no order as to cots. 8. In view of the order passed in the First Appeal, the Civil Application No.4009 of 2008 does not survive and stands disposed of accordingly. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)