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 APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.143 of 1990. FIRST APPEAL NO.143 of 1990. FIRST APPEAL NO.143 of 1990. The State of Maharashtra, through the Special Land Acquisition Officer, Panvel, District Raigad ..Appellant versus 1. Shri Vithal Budha Shelake 2. Shri Dattu Budha Shelake 3. Smt. Krishnabai Shankar Patil 4. Smt. Shevantibai Vinayak Patil ..Respondents Ms.S.P.Manchekar, AGP for State Ms.Jamila Khan i/b. S.R.More for the respondent No.1 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 9th April, 2009. DATED : 9th April, 2009. DATED : 9th April, 2009. ORAL JUDGMENT. 1. The lands bearing Survey No.99 Hissa No.1 + 2B/3 and Survey No.121, Hissa No.2 situated at Village Owe, District Raigad became subject matter of the acquisition at the hands of the Special Land Acquisition Officer, Metro Centre No.iv, Panvel. The said Land Acquisition Officer passed award dated 17.3.1986 and took possession of the lands in question on 24.3.1986. The date of notification under Section 4 of the Land Accquisition Act (hereafter referred to as the said Act) was -2- 3.2.1997. The rate awarded was Rs.6000/- per Acre. The present respondents were aggrieved by the award passed by the Special Land Acquisition Officer and therefore they filed reference under Section 18 of the said Act in the Court of learned Civil Judge, Senior Division, Raigad, Alibag (hereafter referred to as trial Judge). The learned trial Judge by his judgment and decree dated 31.1.1989 granted compensation at the rate of Rs.12/- per sq.mt. in regard to the land admeasuring 3090 sq. mt. at the rate of Rs.8/- per sq. mt. in regard to land admeasuring 1200 sq.mt. In addition to the aforesaid grant, usual grant as regards solatium compensation under Section 23(1)(A) of the said Act and interest came to be granted. This judgment and order dated 31.1.1989 is challenged in the present first appeal. 2. The respondents have filed cross objections and that is how the first appeal as well as the cross objections were taken up together for hearing. On consideration of the record, following points do arise for my determination. (i) Whether the impugned judgment and decree dated 21.1.1989 deserves -3- interference? (ii) What Order? . Answer to point No.1 in the affirmative. Answer to point No.2 is as per the final Order. 3. Learned Advocate Ms. S.P.Manchekar, appearing on behalf of the State submitted that the Division Bench of this Court had an occasion to deal with the land acquisition cases concerning Village Owe and in the first appeal No.15 of 1991 by Judgment and Decree dated 26.7.989 this Court has granted compensation at the rate of Rs.13/- per sq.mt. She submitted that keeping in view this point, appropriate Orders be passed. 4. Learned Advocate appearing on behalf of the respondent No.1 by name Ms. Jamila Khan i/b. Mr.S.R.More, submitted that if Division Bench of this Court has granted compensation at the rate of Rs.13/- per sq. mt. the respondents should be granted compensation accordingly and to that extent the interference is required in the impugned judgment dated 31.1.1989. I have considered the rival submissions and I am inclined to pass the -4- Order keeping in view the orders passed by the Division Bench in the case mentioned aforesaid at the rate of Rs.13/- per sq. mt. Keeping in view the fact that the land concerned in this first appeal was Village Owe, District Raigad. In additon to the compensation receivable as aforesaid in regard to the suit lands, the respondents will be entitled to receive interest under Section 23 (1-A), Solatium under Section 23(2) on the market value fixed at the rate of Rs.13/- per sq. meter. In addition to this, the respondents shall be entitled to interest under Section 28 of the said Act on the components of market value, interest under Section 23(1-A) and Solatium under Section 23(2) of the said Act. In view of the above, the first appeal and the cross objections are being disposed of by passing following Order. ORDER ORDER ORDER i. The appeal filed by the State of Maharashtra is dismissed. . In addition to the above the following Order is passed. ii. The respondents are entitled to market value at the rate of Rs.13/- per sq. mt. and all -5- other statutory benefits thereon under Section 23(1-A), 23(2) and Section 28 of the Land Acquisition Act, 1984. iii. The respondents are entitled to the costs of the reference. iv. The Record & proceeding of Land Reference No.29 of 1986 be sent to the Principal District & Sessions Judge, District Raigad at Alibag. UPon receipt of the said Record & Proceeding the Principal District & Sessions Judge, District Raigad at Alibag shall assign the Land Acquisition Reference No.29 of 1980 to a Judge who is competent to decide the reference under the Land Acquisition Act. v. Upon assignment of the said reference to the Judge, the said Judge will calculate the amount of compensation payable to the respondents 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 Land Acquisition Reference No.29/1986. The amount so calculated shall be paid by the Appellant State to the respondents. The Appellant -6- State will pay the costs of this appeal to the respondents. Certified copy is expedited. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)