1 FA637-02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO.637 OF 2002 Goma Ambo Awate ] Adult, resident of Warose Wadi ] Taluka Khalapur, ] District – Raigad. ] .. Appellant V/s. The Special Land Acquisition ] Officer, Kal-Pralalpa Roha ] (for Morbe Dam), Roha, ] District Raigad ] .. Respondent ..... Mr. C. G. Gavnekar for the appellant. Mr. A. R. Patil, AGP for the respondent. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011. ORAL JUDGMENT :- For the reasons recorded in a separate Judgment delivered today in First Appeal No.634 of 2002, following order is passed : :: O R D E R :: i. The impugned Judgment and Award is modified. ii. The Appellant shall be entitled to total market value 2 FA637-02 of Rs.12/- per square meters. In addition to the market value, the Appellant shall be entitled to the statutory benefits under Section 22(1-A) 23(2) and Section 28 of the Land Acquisition Act, 1894. iii. The Appellant shall be entitled to proportionate costs of the Reference as well as this Appeal from the State Government. iv. The exercise of determining the compensation payable in terms of modified Award shall be completed by the Reference Court within a period of three months from the date on which writ of this Judgment is received by this Court. The excess amount shall be deposited by the Respondent with the Reference Court within a period of three months from the date on which the amount is returned. v. The Appeal is partly allowed in the above terms. vi. If any amount payable as per the impugned Award is 3 FA637-02 pending with the Reference Court, the Appellant will be entitled to withdraw the same with interest, if any, accrued thereon. JUDGE