1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.1212 of 2003 The Ichalkaranji Municipal Council Appellant Vs. Shri G.N.Ghorpade Jahagirdar & ors. Respondents With First Appeal No.1768 of 2003 Shri G.N.Ghorpade, Jhagirdar of Ichalkaranji Appellant Vs. The State of Maharashtra & ors. Respondents Ms.Asha Bhambwani for claimant. Mr.Tejpal Ingale for Municipal Council. Mr.A.R.Patil, AGP for State. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. Reserved on : March 5, 2009. Pronounced on : April 2, 2009. JUDGMENT (PER B.H.MARLAPALLE,J.) : 1. Both these appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) have been filed against the award dated 13/12/2002 passed in LAR No.45 of 1988. First Appeal No.1212 of 2003 has been filed by the Ichalkaranji Municipal 2 Council which acquired the land for road widening (D.P.Road) and First Appeal No.1768 of 2003 has been filed by the land owner. The land owner had claimed compensation at the rate of Rs.75/- per sq.ft. before the Reference Court and the Reference Court has granted the market rate at Rs.50/- per sq.mtr. The notification under Section 4 of the Act was issued on 10/12/1987 and award was passed on 10/3/1988. The Land Acquisition Officer offered the compensation at Rs.23/- per sq.mtr. The total area under acquisition was 31 Are from Survey No.641 (Part). 2. In First Appeal No.45 of 1996 we have fixed the market rate at Rs.150/- per sq.mtr. and provided for 1/3rd deduction for development i.e. land to be left open for open space and road and to provide for expenditure for development of the plot. The land admeasuring 78 Are in First Appeal No.45 of 1996 was acquired for Income Tax Office and staff quarters. The land acquired was also from Survey No.641 but the notification under Section 4 of the Land Acquisition Act was issued on 17/5/1985. In the instant case the notification under Section 4 of the Land Acquisition Act has been issued on 10/12/1987. In addition in 3 the instant case no deduction has been provided as the land acquired is for D.P. Road. The net market rate granted in First Appeal No. 45 of 1996 comes to Rs.100/- per sq.mtr. and the land acquired is also from Survey No. 641. As the notification for acquisition was issued on 10/12/1987 in the instant case, it will be just and proper to fix the net market rate at Rs.110/- per sq.mtr. 3. Consequently, First Appeal No. 1768 of 2003 succeeds partly and First Appeal No. 1212 of 2003 stands dismissed. The market rate of the claimant’s land is fixed at Rs.110/- per sq.mtr. In addition, the claimant will be entitled for statutory benefits under Section 23(1A) and 23(2) as well as interest under Section 28 of the Act. Parties to bear their own costs. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)