1 fa906,381,907,909,910 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.906 OF 1992 The State of Maharashtra ...Appellant vs. Lakshman Krishna Mahadik ...Respondent ALONG WITH FIRST APPEAL NO.381 OF 1992 The State of Maharashtra ...Appellant vs Keshav Ganpat Londhe ...Respondent ALONG WITH FIRST APPEAL NO.907 OF 1992 The State of Maharashtra ...Appellant vs. Balu Ganpat Pagar ...Respondent ALONG WITH FIRST APPEAL NO.909 OF 1992 The State of Maharashtra ...Appellant vs. Sonu Ganpat Pagar ...Respondent ALONG WITH FIRST APPEAL NO.910 OF 1992 The State of Maharashtra ...Appellant vs. Bhikaji Vishnu Juvale ...Respondent Mr.A.R.Patil for the appellant-State in all appeals Ms S.A.Mudbidri for the respondent in all appeals CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 ORAL JUDGMENT: 1 Heard learned A.G.P for the appellant and the learned counsel for the respondent. These appeals can be 2 fa906,381,907,909,910 conveniently disposed of by a common Judgment and Order. The challenge in these appeals is to the Judgments and Awards in references under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquisition relates to the lands which are situated at village Bhingaloki, Taluka Mandangad, District Ratnagiri. The lands subject matter of these appeals were notified under section 4 of the said Act for construction of State Transport Bus Depot. By the impugned Judgment and Award, it was found that the market value of the acquired lands was Rs.1500/- per Are. It must be stated here that the Special Land Acquisition Officer has offered the market value at the rate of Rs. 600/- per Are. 2 The learned A.G.P relied upon the decision of this Court dated 11 th January 2004 in First Appeal no.50 of 1993 (State of Maharashtra Vs.Mahadev V. Khatate). This was a case where this Court has decided the appeal preferred by the Appellant-State of Maharashtra challenging the Award under section 18 of the said Act relating to a similarly situated acquired land. The District Court in a reference under section 18 had fixed market value of Rs.1500/- per Are. This Court came to the conclusion that the market value of the acquired lands was Rs.1500/- per Are. However, deduction of 20% was made on account of development charges and market value was brought down to Rs.1200/- per Are. There cannot be any dispute that the present appeals will be governed by the said decision of this Court. 3 By the impugned Awards, the market value has been fixed at the rate of Rs.1500/- per Are and thus, enhancement of Rs.900/- per Are has been granted. In these cases, the Civil Court has not deducted 20% on 3 fa906,381,907,909,910 account of development charges. In view of the decision of this Court in respect of similarly situated lands notified on the same date, said deduction will have to be made for the reasons recorded in the said decision. Thus, only modification which is required to be made is that enhanced compensation will be of Rs.600/- per Are in addition to Rs.600/- per Are which is already offered by the Special Land Acquisition Officer. Hence, the appeal must succeed in part. 4 Hence, I pass the following order : i) Impugned Judgments and Awards are modified by directing that the claimants will be entitled to enhanced compensation at the rate of Rs.600/- per Are in addition to market value offered by the Collector. Rest of the Award is not disturbed. ii)The appeals are partly allowed on above terms with no order as to costs. JUDGE