: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.947 OF 1991 WITH FIRST APPEAL NO.488 OF 1991 Shri. Kolu Alu Bhoir, Age 69 years, Occ.Agriculture, Residing at Pendhar, Tal. Panvel,Dist. Raigad. ..Appellant. Vs. The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre IV, Panvel, Dist.Raigad. ..Respondent. FIRST APPEAL NO.488 OF 1991 The State of Maharashtra, (at the instance of the Special Land Acquisition Officer, Metro Centre No.4, Panvel, Tal. Panvel, Dist. Raigad. ..Appellant. Vs. Shri. Kolu Alu Bhoir, Age 55 years, Occ. Agriculture, Residing at Pendhar, Tal. Panvel, Dist. Raigad. ..Respondent. Ms. Seema Sarnaik for the Appellant in F.A.No.947/91 and for the Respondent in F.A.No.488/91. Ms.Shilpa Gajare, A.G.P. for the State of Maharashtra. CORAM: R.S. MOHITE, J. DATE : 18th June,2008 ORAL JUDGMENT : 1. Both these appeals arise from the judgment and order passed in Land Acquisition Reference No.320 of 1986 and hence both are being disposed of by this common judgment. :2: 2. These appeals impugn a judgment and order passed by the Additional District Judge,Raigad at Alibag on 28.2.1990 in Land Acquisition Reference No.320 of 1986. By the impugned judgment and order the Reference Court has awarded compensation calculated at the rate of Rs.15/- per sq. metre. It is not disputed that the land was acquired under a Section 4 Notification dated 3.2.1970. 3. The question relating to valuation of the land in village Kamote has already been decided by the Division Bench of this court in the case of Nama Padu Hudar and ors. Vs. The State of Maharashtra reported in 1993(3) B.C.R. 54 which decision has been followed in several cases by this court. The land acquired in the present case is stated in the valuation report is at a distance of 800 mtrs. But on perusing the map, it is clear that there being two lands, one is situated at a distance of 800-mtrs. onwards whereas the second land is situated at slightly longer distance. These distances are with the reference of Bombay Poona Road. It is therefore, clear that these lands are within the distance of 800 to 2200sq.mtrs. from the Bombay Poona Highway and are under category No.(iv) as per the aforesaid decision of the Division Bench. :3: For this category, the rate awarded by the Division Bench was Rs.20/- per sq. metre. This rate also will have to be granted to the present appellant. 4. In the result, the First Appeal No.488 of 1991 is dismissed and First Appeal No.947 of 1991 is partly allowed. It is directed that instead of Rs.15/- per sq.metre, market value of the land is determined at Rs.20/- per sq.metre and on making such calculations, in addition, 30% solatium under Section 23(2), 12% compensation under Section 23(1A) and interest at the rate of 9% per annum under Section 28 will be calculated and paid to the appellant. Both the appeals stand disposed off. It is expected that subject to any further judicial order that may be passed in this matter, if any, process of calculations and payment should be completed within a period of six months from today. (R.S. MOHITE, J.)