:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.664 OF 1991 WITH CROSS OBJECTION ST.NO.5656/1992 WITH CIVIL APPLICATION NO.4782 OF 2003 The State of Maharashtra. ..Appellant. Vs. Shri.Dharma Genu Bhoir and ors. ..Respondents. Mr.B.H.Mehta, AGP. for the State. Mr.Rajiv Patil with Dushwant Purekar for the Respondent Nos. 2 to 7. CORAM: R.S. MOHITE, J. DATE : 25th June,2008 ORAL JUDGMENT : 1. The aforesaid first appeal is filed by the State of Maharashtra impugning a judgment and order passed by the Civil Judge, S.D.,Raigad, At Alibag on 4.1.1990 in LAR-267 of 1987. 2. The land belonging to the claimants admeasuring about 2-Acres and 20-Gunthas was acquired for the establishment of New Bombay Project. A Section 4 Notification was issued on 4.2.1970 and the award was declared on 14.9.1986. The Land Acquisition Officer granted compensation at the rate of Rs.2/- per sq.metre. Being aggrieved, by the grant of such award, the claimants initiated a reference. The claimants sought compensation at the rate of Rs.15/- per sq.metre In due course the Land Acquisition Reference was numbered as LAR No.267/1987 and by the impugned Judgment and Award the Trial Court awarded :2: compensation at the enhanced rate of Rs.10/- per sq.metre. Being aggrieved by the order of the Reference Court the State filed the aforesaid appeal and in the same the claimants filed their cross objections. 3. In respect of the land acquired under the same Notification and same award in the same village, this court, in Reference No.25/1993 had occasion to determine the market value. The Single Judge of this court by a judgment and order determined the market value of the land in the same village situated at 2-K.M. away from the eastern side from the Bombay Poona High Way at Rs.15/- per Sq. metre. The record in the present case indicates that the present land is situated only 1-K.M. away from the High way. Normally the market Value of such land would have to be slightly more than Rs.15/- per sq.metre. However, the original claim made by the claimants was only to the extent of Rs.15/- per sq.metre. In the circumstances, no higher amount can be claimed in this appeal. In my view, therefore, the cross objections will have to be partly allowed while dismissing the appeal of the State. 4. It is therefore, ordered that the First Appeal No.664 of 1991 is dismissed and the Cross objections St. No.5656/1992 stand partly allowed. It is :3: directed by that the State of Maharashtra shall pay compensation in respect of the acquired land at the market value of Rs.15/- per sq.metre. In addition to this the State of Maharashtra shall also pay Solatium at the rate 30% on the market value as provided under Section 23(1A) of the Land Acquisition Act and Compensation at the rate of 12% on the market value as provided under Section 23(1A) of the Act from the date of publication of the Notification under Section-4 of the Act i.e. from 5.9.1970 till the date of the Award or the date of taking over possession (whichever is earlier) and interest at the rate of 9% per annum for the first year and at the rate of 15% per annum for the remaining period under Section 28 of the Land Acquisition Act on the enhanced amount from the date of possession i.e. 7.1.1986 till the date of payment. The State shall calculate the amount payable and unless there is judicial stay /order, complete the calculation process within 6 months from today. Appeal to stand disposed off and cross objections stand partly allowed accordingly. C.A.No.4782/2003 in Cross Objections No.5656/92 . As the main appeal is disposed off, civil application does not survive and the same also stands disposed off. (R.S. MOHITE, J.)