( 1 ) 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 APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ FIRST APPEAL NO.802 OF 1990 FIRST APPEAL NO.802 OF 1990 FIRST APPEAL NO.802 OF 1990 Shri Baban Shimgya Mhatre ..Appellant V/s. The State of Maharashtra (Through Special Land Acquisition Officer) ..Respondent ...... Mr. N.J. Patil, APP for the appellant Smt.G.P. Mulekar, for the Respondent ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 8th April, 2009 DATED : 8th April, 2009 DATED : 8th April, 2009 ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT : 1. The appellant herein was granted compensation @Rs.5 per sq.mtr. by learned Civil Judge, Senior Division, Raigad by order dated 12th April, 1989 in land acquisition reference No.188 of 1986. That order became a subject matter of appeal No.346 of 1990. By judgment dated today i.e. 8th April, 2009, the said ( 2 ) appeal No.346 of 1990 has been dismissed. In the present appeal, the appellant who has lost his lands has come out with the contention that the grant of compensation @Rs.5/- per sq.mtr. is improper and he should have been granted an amount @Rs.30/- per sq.mtr. In this connection, it is required to be mentioned that by judgment and order dated 18th July, 2001, Division Bench of this Court in First Appeal No.462 of 1990 alongwith the connected appeals has held that in regard to the lands situate at village Dapoli, District Raigad a sum of Rs.10/- per sq.mtr. is payable as compensation. The land covered under the present appeal is also situate at Dapoli, District Raigad. If this is the position, the appellant herein will be entitled to compensation @Rs.10/- per sq.mtr.. Needless to mention that the appellant will be entitled to receive solatium and interest as per the rules. 2. In the present case, the learned Civil Judge, Senior Division Raigad has granted compensation @Rs.5/- per sq.mtr. in regard to the land admeasuring 5,900 sq.mtr. Hence, the order passed by the learned Civil Judge, Senior Division, Raigad will have to be modified thereby granting compensation to the appellant @Rs.10/- per sq.mtr. and this appeal can be disposed Hence, this appeal can be disposed of by ( 3 ) passing following order. ORDER ORDER ORDER . The order passed by learned Civil Judge, Senior Division, Raigad dated 12th April, 1989 in land reference No.188/1986 is set aside. It is hereby ordered that the respondent shall pay to the appellant compensation in regard to land admeasuring 5,900 Sq.mtr. situate at village Dapoli, District Raigad @Rs.10/- per sq.mtr. to be termed as ’market value’. Keeping this market value as the base, respondent shall calculate and pay the amount viz. solatium as per Section 23(2), compensation at the rate of 12% per annum as per Section 23(A), interest at the rate of 9% per annum under Section 28. The amount already paid shall be taken into consideration while calculating the amount payable. The respondent shall also pay interest at the rate of 9% per annum on the final amount payable at the rate of 9% per annum from the date of order of learned Civil Judge, Senior Division, Raigad till realization as per Section 28 of Land Acquisition Act. The respondents shall also ( 4 ) pay costs of the Reference and this Appeal. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)