* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 700 OF 1989 W I T H CROSS OBJECTIONS (ST) NO. 33356 OF 2001 IN FIRST APPEAL NO. 700 OF 1989 The State of Maharashtra .... Appellant (Orig.Claimant) V/s. Shri.Sitaram Balu Bhopi, since deceased thru.his legal heirs .... Respondents ======= Mr.S.N.Gawade, adv.for appellant. Mr.S.M.Kamble, adv.for respondent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 29TH APRIL, 2009. P.C. : 1. The present First Appeal is filed by the State of Maharashtra to challenge the correctness and legality of the order dated 26th September, 1986 disposing off the reference under Section 18 of the Land Acquisition Act and the cross- objections filed by the respondents thereto. 2. The land in question is located at Village-Kamothe, Taluka- * 2 * Panvel, District-Raigad. By the notification under Section 4 of the Land Acquisition Act dated 3rd February, 1970 the land was acquired for the purpose of development of City of New Bombay The Special Land Acquisition Officer had awarded compensation at the rate of Rs.1/- per sq.meter. By the impugned judgment and award, the reference court fixed the market value of the land in question at Rs.12/- per sq.meter and awarded compensation accordingly. 3. Heard both the sides. Both have invited my attention to the decision of the Division Bench of this court in the case of Nama Padu Hudar & Ors. V/s.The State of Maharashtra reported in 1993(3) Bom.C.R.page 54. By the said decision, the Division Bench had considered the Awards made under Section 18 of the said Act in respect of the lands pertaining to Village Panvel and Kamothe that were notified for acquisition on 3rd February, 1970 for the New Bombay Project. The decision of the Division Bench has attained finality. The Division Bench categorized the lands from the two villages into five categories depending upon its distance from the National Highway and Zilla Parishad road and fixed the rate of compensation for each group. The same are as follows :- GROUP NO. CATEGORY OF LANDS COMPENSATION AWARDED 1. The lands abutting the Bombay-Pune Rs.25/- per.sq.mtr * 3 * Highway 2. The lands within a distance of 800 mtrs from the Highway but not exactly abutting the Highway Rs.23/- per.sq.mtr 3. The lands abutting Kamothe Zilla Parishad but within 1200 meters from the Bombay Pune Highway Rs.22/- per sq.mtr 4. The lands within a distance of 800 to 2200 meters from Bombay Pune Highway Rs.20/- per sq.mtr 5. The lands within a distance of 200 to 640 meters from Zilla Parishad Road and Gaothan Rs.20/- per sq.mtr 4. It can be seen that the above rates are much more than the rate fixed by the impugned judgment. Therefore, the First Appeal filed by the Government cannot be sustained and is liable to be dismissed. As regards the cross-objections filed by the respondents, it will succeed to the extent of the compensation awarded by the Division Bench. As seen from the record, the land of the respondent is situate adjoining to Gaothan. It will therefore fall in the fifth category of the lands for which the compensation awarded is Rs.20/- per sq.mtr. The cross- objections therefore will have to be partly allowed to that extent. Hence the order. O R D E R (i) First Appeal No.700 of 1989 is dismissed. (ii) The cross objections are partly allowed. * 4 * (iii) The impugned judgment and decree dated 26th September 1986 is modified to the extent of the enhancement of the rate of compensation from Rs.12/- per sq.mtr to Rs.20/- per sq.mtr. The rest of the judgment will remain the same. (iv) In the facts and circumstances of the case, the parties to bear their own costs. [SMT.R.P.SONDURBALDOTA, J]