abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 898 OF 1990 The State of Maharashtra .. Appellant V/s 1.A. Anandibai Kashinath Patil Since deceased through her Legal Heirs: 1.A.a. Shri Anant Ramchandra Patil A.A.b. Shri Vaibhav Ramchandra Patil 2. Shri Ramchandra Vithal Patil deceased, through Shri Anant Ramchandra Patil 3. Shri Gotiram Vithal Patil 4. Rajaram Atmaram Patil, deceased 4A. Shevantabai Rajaram Patil 4B. Raghunath Rajaram Patil 4C. Balkrishna Rajaram Patil 4D. Vijay Rajaram Patil 4E. Kamlakar Rajaram Patil 4F. Rukhmini Baburao Khatre 4G. Asha Ashok Mhatre 5. Shri Dharma Atmaram Patil 6. Smt. Krishnabai Baburao Patil 7. Bhimabai Sakharam Patil, deceased through Shri Arun Sakharam Patil 8. Pushpabai Prabhakar Patil .. Respondents Mrs.G.P. Mulekar, A.G.P. for the appellant. Mr.R.S. Ghadge i/b Mr.A.R. Patil for respondents nos.4A to 4G. Ms.Gauri Godse for respondents nos.5, 7 and 8. WITH - 2 - FIRST APPEAL NO. 17 OF 1991 1(a) Anandibai Kashinath Patil Since deceased (I) Shri Anant Ramchandra Patil (II) Shri Vaibhav Ramchandra Patil 2. Shri Ramchandra Vithal Patil deceased, through Shri Anant Ramchandra Patil 3. Shri Gotiram Vithal Patil 4. Rajaram Atmaram Patil, deceased through his legal heirs and representatives 4A. Shevantabai Rajaram Patil 4B. Raghunath Rajaram Patil 4C. Balkrishna Rajaram Patil 4D. Vijay Rajaram Patil 4E. Kamlakar Rajaram Patil 4F. Rukmini Rajaram Patil 4G. Smt.Asha Ashok Mhatre 5. Shri Dharma Atmaram Patil 6. Smt. Krishnabai Baburao Patil since deceased, through legal representatives 6a) Pushpabai Prabhakar Patil 6b) Arun Sakharam Patil 6c) Manilal Sakharam Patil 6d) Anil Sakharam Patil 7. Bhimabai Sakharam Patil - Dead through Arun Sakharam Patil 8. Smt. Pushpabai Prabhakar Patil .. Appellants V/s 1) The Spl. Land Acquisition Officer 2) The State of Maharashtra .. Respondents Mr.Gauri Godse for the appellants. Mrs.G.P. Mulekar, A.G.P. for the respondents. - 3 - CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 2ND FEBRUARY 2009 ORAL JUDGMENT ORAL JUDGMENT ORAL JUDGMENT: 1. Both these appeals arise from the award passed by the learned Civil Judge, Senior Division at Raigad on 26th July 1989 in L.A.R. No.34 of 1989 and thereby fixing the market value of the land acquired at Rs.8 per sq.m. First Appeal No.898 of 1990 has been filed by the State Government whereas First Appeal No.17 of 1991 has been filed by the land owners/original claimants. 2. Both the parties have brought to our notice the common judgment rendered by this Court on 19th September 2008 in First Appeal No.875 of 1985 in the case of Abdul Patel v. Special Land Acquisition Officer. In the said judgment, this Court was pleased to fix the market value of the land from village Owe at Rs.13 per sq.m. The said judgment has been followed by this Court while deciding First Appeal Nos.899 of 1990 and 59 of 1991 along with First Appeal Nos.15, 16, 18 and 19 of 1991. These appeals came to be decided on 19th August 2008. 3. The land covered in L.A.R. No.34 of 1989 is - 4 - also from village Owe and covered by the very same acquisition which was the subject matter in First Appeal No.875 of 1985 and other appeals as noted hereinabove. Following the said decision fixing the market value of the claimants’ land at Rs.13 per sq.m., we have to allow the appeal filed by the claimants partly and the appeal filed by the State Government must fail. 4. Hence, First Appeal No.898 of 1999 stands dismissed for the reasons set out in First Appeal No.875 of 1985, whereas First Appeal No.17 of 1991 is allowed partly and the market value of the subject land is fixed at Rs.13 per sq.m. The Registry to draw a decree on the market value of Rs.13 per sq.m. with 30% solatium under section 23(2), compensation at 12% under section 23(1A) and interest payable under section 28 of the Land Acquisition Act, 1894. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)