ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 507 OF APPEAL NO. 507 OF APPEAL NO. 507 OF 1992 1992 1992 The State of Maharashtra ...Appellant. Vs. Balaram Padaji Patil, ...Respondent. Mrs. G.P. Mulekar, AGP for the State. Mr. A.R.Patil for respondent Nos. 3,4 and 5. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 28th September, 2007 : 28th September, 2007 : 28th September, 2007 ORAL ORAL ORAL JUDGMENT JUDGMENT JUDGMENT:- 1. This appeal is filed by the State of Maharashtra and challenged the judgment dated 21/09/1991 passed by the Joint District Judge, Thane in Land Acquisition Reference No. 63 of 1988 enhancing the compensation, after considering the material on record, at the rate of Rs.10/- per square meter. Therefore, being aggrieved by the same, this appeal is preferred by the State of Maharashtra against the order of enhanced compensation. 2. Heard the learned counsel appearing for the parties. Both the parties fairly pointed out the judgment passed by this Court in identically placed and situated land acquisition references arising out of the same dispute and of adjacent villages, whereby the judgment dated 26th October, 2005 passed by Shri D.G.Deshpande, J. in First Appeal No. 813 of 1993 and Others, it has been observed ( 2 ) as under:- 3. "So far as all the appeals are concerned, they are arising out of land acquisition proceedings from village Kopar Khairane. The reference Court awarded compensation at the rate of Rs.10/- per Sq.Mtr. in all these cases for the acquired lands. many matters from village Kopar Khairane were decided by this Court and Rs.10/- per Sq.Mtr. is the proper rate of compensation, even the case of enhancement is made out. Therefore, there is no substance in all these appeals. Hence all the appeals are dismissed. No order as to costs in all the appeals." 3. Taking note of all these factors as there is no reason now to disturb the findings arrived at by the learned Judge. In view of this, as a whole, enhanced compensation as awarded is just and fair and with view of the above compensation, this appeal is dismissed with no order as to costs. 4. Certified copy expedited. ( 3 ) (ANOOP (ANOOP (ANOOP V. V. V. MOHTA, J.) MOHTA, J.) MOHTA, J.)