: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.61 OF 1991 WITH CROSS OBJECTIONS ST. NO.10307 OF 2006 The State of Maharashtra. ..Appellant. Vs. Shri. Kashinath Dhondu Patil and ors. ..Respondents. Mr. B.H.Mehta, A.G.P. for the Appellant. Mr.Rajiv Patil i/by Dushant Purekar for the Respondents. CORAM: R.S. MOHITE, J. DATE : 23rd June,2008 ORAL JUDGMENT : 1. The aforesaid substantive 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 26.7.1989 in L.A.R. No.33 of 1988. By the impugned Judgment and Order the reference was partly allowed. The market value of the land was held to be Rs.8/- per sq.metre and on this basis after calculating solatium 30% on market value, compensation at the rate of 12% p.a.under Section 23(1A) and interest at the rate of 9% p.a. under Section 28, State of Maharashtra was directed to pay Rs.2,06,175.59 to the claimants. The State was further directed to pay interest at the rate of 9% on the amount of Rs.1,59,516.90ps. from the date of :2: the said order till realization of the whole amount. 1. The acquired lands were 8250 sq.mtrs. and situated at Village Nawade, Tal Panvel,Dist.Raigad. The question of valuation of such acquired lands which were acquired under Government Notification published On 3.2.1970 is no longer res-integra as it is decided by the Division Bench of this court. The valuer’s report discloses that the present lands are situated at a distance of 120-K.M. from Bombay Poona High way. In such a case, the Division Bench of this court in First Appeal No.423 of 1996 decided on 16.9.2004 fixed the market value of Rs.25/- per sq. metre. The same market value will have to be fixed in respect of the present lands also. It may be mentioned that in the State’s appeal cross objections have been filed. In the circumstances, main appeal as well as cross objections are disposed of by passing the following order. ORDER a) The Appeal filed by the State is dismissed and the Cross objections St. No.10307/2006 filed by the claimants are allowed. b) It is directed that the State of Maharashtra will pay the compensation for the acquired lands as per :3: the market value to be calculated at the rate of Rs.25/- per sq.metre. On this amount, in addition, compensation at the rate of 12% p.a. of the adjudicated market value of the land from the date of the Notification Under Section 4 of the Land Acquisition Act till the date of the Award or the date of possession, which ever is earlier and 30% solatium on the market value of the land will be calculated. The State is also directed to pay interest on the decretal amount at the rate of 9% per annum for the first one year from the date of possession and thereafter at the rate of 15% per annum till the date of realization of the decretal amount. c) It is directed that the calculations be made in accordance with the aforesaid order. Amount as per calculations will be paid to the claimants within a period of six weeks from today. d) First appeal as well as cross objections stand disposed off. (R.S. MOHITE, J.) :4: 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 CIVIL APPLICATION NO.5061 OF 2006 IN FIRST APPEAL NO.61 OF 1991 Shri. Kashinath Dhondu Patil and ors...Applicants. Vs. The State of Maharashtra. ..Respondent. Mr.Rajiv Patil i/by Dushant Purekar for the Applicants. Mr. B.H.Mehta for the Respondent. CORAM: R.S. MOHITE, J. DATE : 23rd June,2008 PC : 1. This is an application for condonation of delay. The delay is of 14 years and 366 days. However, it is seen that the main issue regarding the market value of land at Village Nawade has already been decided. The civil application was filed during the pendency of the first appeal and in any case issue relating to the market value is required to be gone into and decided in the first appeal of the State. In the circumstances, no prejudice will be caused to the State if the delay is condoned. Even otherwise the issue relating to market value which the court will have to be decided even in the substantive appeal filed by the State. Hence, application is allowed and delay is condoned. Office to number the cross objections. (R.S. MOHITE, J.)