1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO.1203 OF 1989 The State of Maharashtra, through the Special Land Acquisition Officer, Metro Centre, Thane. Appellants vs. 1. Shri Ramdas Kana Dalvi, 2. Shri Ragho Kana Dalvi, since deceased through his legal heirs:- (2.1) Smt.Ambubai Ragho Dalvi, (2.2) Kum.Rajayashri Ragho Dalvi, (2.3) Kum Ratnakar Ragho Dalvi, (2.1 to 2.3, are residing at Sanpada, post: Mafco, Dist.Thane. (2.4) Smt.Pushpa Kamalakar Mohakar, R/o.Sai Post, Panvel, Dist.Thane. (2.5) Smt.Yashoda Shankar Dube, R/o.Sanpada, Dist - Thane. (2.6) Smt.Anusaya Narayan Patil R/o.Mandalu Post-Devnar, Anushaktinagar, Mankhurd,Bombay. (Amended vide Court’s order dt.8.9.94, passed in C.A.No.4366/94). 3. Smt.Savitribai Atmaram Patil, since deceased her legal heirs: 3-1. Shri Atmaram Ganu Patil, Husband, age 70 yrs. - 3-2. Shri Baban Atmaram Patil, son, age 50 yrs., 3-3. Ballal Atmaram Patil, son, age 40 yrs., 3-4. Ganesh Atmaram Patil, son, age 26 yrs., 3-5. Shri Ravindra Atmaram Patil, son, age 35 yrs., FA stands abated as aainst 2 R.No.3-5 vide Ct’s order dt.16.3.06. 3-6. Smt.Yashoba Janardan Patil, Daughter, age 55 yrs., 3-7. Smt.Chandrabhaga Chandrakant Panchal, daughter, age 45 yrs., All residing at Turbhe, Tal.Thane. New Bombay, Bombay. (Amendment made view Court’s order dt.2/3/96, in C.A.No.2904/95.). ...Respondents Mrs.S.V.Gajare, AGP for the Appellant-State. Mr.R.P.Lote for Respondents 1 to 3. CORAM : ANOOP V. MOHTA,J. DATED : 9th April, 2008 ORAL JUDGMENT: The learned counsel for the parties fairly conceded that the acquired land in question and acquisition proceedings are covered by the judgment dated 4.4.2006 passed by this Court in First Appeal No.1201/1989-The State of Maharashtra vs. Shri Gajanan Budhya Thakur and other companion matters. The relevant portion of the Judgement is as follows: "15. In the present case, the claimants will be entitled to the market value at the rate of Rs.15/- per sq.mtrs., interest under section 23(1-A), solatium under section 23(2) on the market value fixed at the rate of Rs.15/- per sq.mtrs. In addition to this, the claimants will be entitled to interest under section 28 of the said Act of 1894 on the components of market value, 3 interest under section 23(1-A) and the solatium under section 23(2). 16. Hence, I pass the following order: (A) The claimants are entitled to market value at the rate of Rs.15/- per sq.mtrs. and all statutory benefits thereon under Section 23 (1-A), 23(2) and Section 28 of the Land Acquisition Act, 1894. The claimants are entitled to proportionate costs of Reference. (B). The Reference Court will calculate the amount of compensation payable to the claimants in the light of the observations made in paragraph No.15 of this Judgment within a period of four months from the date of receipt of writ of this order. (C). The Appellant-State will pay costs of this Appeal to the Respondents. (D). Certified copy is expedited." 2. In the result, the operative part of the impugned Judgement and Award is modified and substituted as observed in the abovequoted judgment. . The appeal is disposed off accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]