-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.356 OF 2008 APPEAL NO.356 OF 2008 APPEAL NO.356 OF 2008 The State of Maharashtra ...Appellant vs. 1. Shankar Tukaram Madhavi (since deceasd through his L.R.) 2. Dhaniram Vishnu Madhavi 3.Ramakant Vishnu Madhavi 4.Tulshiram Vishnu Madhavi 5.Hemant Vishnu Madhavi 6.Smt.Rakhmabai Shankar Mhatre 7.Smt.Malatibai Gajanan Gharat 8.Smt.Mansabai Vishnu Madhavi 9.Yeshwant Shankar Madhavi (since deeased through L.Rs.) 10 Girdhar Shankar Mhatre ...Respondents Ms S.V.Gajare A.G.P. for State Mr.R.P.Lote for Respondent Nos.2 to 8 and 10. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 4, 2008. : MARCH 4, 2008. : MARCH 4, 2008. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. Heard learned A.G.P. for the Appellant and the learned Advocate for the Respondent Nos.2 to 8 and 10. The impugned Judgment and Award under section 18 of the Land Acquisition Act,1894 relates to agricultural lands at Village Sanpada, Taluka and District Thane. On 3rd February 1970 the said land was notified under section 4 of the said Act for public purpose of setting up a satellite city of Navi Mumbai. 2. The Reference Court has granted the market value at the rate of Rs.10/- per sq. meter. There is no dispute that the -2- market value in this case will be governed by the decision of this court dated 5th December 2007 in First Appeal No.580 of 1994 (State of Maharashtra Vs. Sadashiv Bala Patil) and other connected First Appeals. Therefore, so far as the market value is concerned, no fault can be found with the impugned Judgment and Award. 3. However, the learned Joint District Judge has committed an error by granting a solatium at the rate of 30% even on the component of interest under section 23(1-A) of the said Act. That is not permissible in view of the settled position of law. To that extent the impugned Judgment will have to be modified. 4. Hence, I pass the following order ; i) The market value fixed by the trial court at the rate of Rs.10/- per sq. meter is confirmed. ii) The impugned Judgment and Award is modified to the extent that the solatium of 30% shall be payable only on the component of market value calculated at the rate of Rs.10/- per sq. meter and the solatium will not be payable on the component of interest under section 23 (1-A) of the said Act. However, the claimant will be entitled to benefit of section 28 of the said Act. -3- iii) Appeal is partly allowed in above terms. iv) The trial court will complete the exercise of calculating the compensation amount payable to the claimants within a period of three months from the date of receipt of writ of this Judgment. JUDGE JUDGE JUDGE