IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 205 OF 1998 WITH CROSS OBJECTION NO.23799 OF 1998. State of Maharashtra ..... ..... ...Appellant. V/s Nana Rama Gharat ..... ..... ...Respondent. Mr.S.N.Gawade, AGP for the appellant. Mr.Rajiv Patil, Adv. for the respondent Nos.1 to 8. CORAM: A.P.DESHPANDE, J. 1st April, 2009. PC: The State of Maharashtra has filed the present first appeal taking exception to an award passed by the reference court enhancing the amount of compensation awarded by S.L.A.O. and awarding compensation at the rate of Rs.12/- per sq. mtr. for the land acquired. The respondent was the owner of land admeasuring 26,150 sq. mtrs. situated at village Taloja, Taluka Panvel, District Raigad and the same was acquired for the public purpose of New Bombay project. Section 4 notification was issued for acquisition of the land on 3.2.1970 and the SLAO awarded compensation in the total sum of Rs.65,910/- besides awarding solatium and interest. The award was passed on 14.6.85 and the possession was taken on 18.6.1985. Not satisfied with the amount of compensation awarded by SLAO an application 1 under section 18 was moved by the claimant/respondent wherein compensation was claimed at the rate of Rs.30/- per sq. mtr. Reference Court has awarded compensation at the rate of Rs.12/- per sq. mtr. and hence on one hand the State Government has filed first appeal whereas the claimant has filed cross objection claiming compensation at the rate of Rs.30/- per sq. mtr. 2. Various lands from village Taloja and neighbouring villages from Tahsil Panvel were acquired under the same notification dated 3.2.70 issued under section 4 of the Land Acquisition Act. Copies of various judgments and orders are placed on record by the learned additional government pleader so also learned counsel for the respondent. It is a common ground that in regard to similarly situated lands from village Taloja compensation has been awarded at the rate of Rs.25/- per sq. mtr. The judgments that are relied upon in regard to fixing of market value of land from village Taloja are First Appeal No.252/94 dated 10.3.05 wherein criteria applied was the distance of land acquired from the Bombay-Pune national highway. The land acquired in question in the said first appeal was situated at a distance of 500 mtrs. from Bombay-Pune national highway and by placing reliance on the judgment rendered by division bench in First Appeal No.950/85 wherein compensation was awarded in the sum of Rs.25/- per sq. mtr. Compensation was fixed at the same rate. In the present case it is an admitted position that the land which is subject matter of this appeal is situated at the distance of about less than 80 2 mtrs. from Bombay-Pune national highway. Thus the criteria relied upon in First Appeal No.252/94 squarely applies to the facts of the present case. Reliance is also placed on another judgment of this court delivered in First Appeal No.1653/96 dated 3.5.05. Yet another judgment was relied upon in First Appeal No.950/89 dated 10.1.2001. Said judgment is also in respect of land acquired under the same notification and the compensation awarded is at the rate of Rs.25/- per sq. mtr. Having regard to the market rate determined in relation to the lands situated at village Taloja it is crystal clear that the claimant would be entitled to receive compensation at the market rate of Rs.25/- per sq. mtr. Thus the first appeal filed by the State deserves to be dismissed whereas the cross objections filed by the respondent need to be partly allowed. In the result appeal filed by the State is dismissed. Cross objection filed by respondent is partly allowed and it is declared that the claimant will be entitled to receive compensation at the rate of Rs.25/- per sq. mtr. for the acquired land along with proportionate increase in statutory benefits in accordance with law. There shall be no order as to costs. 1.4.2009. 3