1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO.942 of 1988 ALONGWITH FIRST APPEAL NO.432 OF 1990 The State of Maharashtra ..Appellant V/s. Madhav B. Shringarpure Since deceased through his legal heirs a) Smt. Sheela Madhav Shringarpure(wife) and others. ..Respondent Mrs. S.P.Manchekar, AGP for the State Mr. S.M.Kamble for the respondent CORAM : ANOOP V. MOHTA,J. DATED : 23rd June, 2008 JUDGMENT JUDGMENT JUDGMENT . These are two appeals arising out of common judgement in the land acquisition proceedings of Metro Centre No.1, Village Panvel, Tal Panvel, Dist. Raigad. Basically, there is no dispute about situation of the land in question. It is on east side of Bombay Puna Highway and Panvel side. It is at the distance of 1200 meters from Bombay Puna National Highway. 2. The Division Bench of this Court in the First Appeal No. 604/1995 (The State of Maharashtra V/s. (The State of Maharashtra V/s. (The State of Maharashtra V/s. Shri Shri Shri Prakash Vasudeo Deodhar) Prakash Vasudeo Deodhar) Prakash Vasudeo Deodhar) while disposing off the similarly situated and placed and connected land acquisition has observed in para-17 as under. "The Claimants would be entitled to compensation 2 for acquisition of their lands as under:- (a) Lands falling within 750 metres of the National Highway - Rs. 25/- per sq. metre. (b) Land falling within 750 to 1500 metres of the National Highway - Rs. 23/- per sq. metre. (c) Land falling beyond 1500 metres of the National Highway - Rs. 21/- per sq. metre." Para-18 of the above order reads as under:- "The Claimants would also be entitled to get benefit of Section 23(1)(A), 28 and all other statutory benefits subject to the limitation that wherever the awards have been made prior to the date of amendment i.e. 30th April, 1982, the Claimants would not be entitled to receive the special benefits under Section 23(1-A) of the Act." 3. Admittedly, the date of award is prior to 30-4-1982 and, therefore, consequently covered by para-18 as reproduced. The claimant is not entitled to receive the specific benefits as awarded in the present Award, therefore, it is modified pursuance to para-18 as reproduced above. 3 4. The submission with regard to the grant of benefit of Section 23(1)(A) and Section 28 of the Land Acquisition Act as raised by the State has some force and as already concluded as referred above by the Division Bench of this Court. Therefore, to that extent the appeal filed by the State is allowed in view of para-18 of the Division Bench Judgement. 5. Furthermore, without going further into the merits of the matter and as in view of the above Division Bench Judgement of this Court (supra), the appeal filed by the State i.e. No. 942/1988 with regard to the challenge to the grant of Rs. 12/- per square meter is dismissed, however, at the same stroke appeal filed by the original claimants i.e. First Appeal No. 432/1990 is allowed wherein the appellant claim of enhanced compensation at the rate of Rs. 25/- per square meter. The land in question falls within clause (b) of para-17 as reproduced above and, therefore, claimant is entitled at the rate of Rs. 23/- instead of Rs.12/- per square metre. 6. Considering the fact that all similarly situated matters are decided by the common judgement and as lands are situated adjacent to each other and comparatively 4 the basic material and evidence is also common, therefore, at this stage itself considering the grounds raised and the decisions given by this Court earlier as well as the above one, I am inclined to grant opportunity to the claimants to pay requisite Court fee in accordance with law after due correction of the award pursuance to this order. 7. The claimant need to pay the enhanced Court fee in accordance with law as though amount was claimed at the rate of Rs. 25/- per square meter, it was restricted to Rs. 15/- per meter and accordingly Court fee was paid. However, now in view of above modification of award the claimant-appellant to pay enhanced Court fees in accordance with law. 8. Both the appeals are, therefore, accordingly partly allowed. The award and judgment be modified pursuance to this order. The rest of the award is maintained. The concerned authorities to take steps within reasonable time to modify the award in question and pass order accordingly. . No cost. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]