1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST FIRST FIRST APPEAL NO.492 OF 1998 APPEAL NO.492 OF 1998 APPEAL NO.492 OF 1998 The State of Maharashtra, through the Special Land Acquisition Officer, CIDCO, Nashik. Appellant vs. Ramdas S. Dargode Respondent Ms.S.P.Manchekar, AGP for the Appellant-State. Mr.P.N.Joshi for the Respondent. ALONG ALONG ALONG WITH WITH WITH FIRST FIRST FIRST APPEAL NO.772 OF 2008 APPEAL NO.772 OF 2008 APPEAL NO.772 OF 2008 (STAMP (STAMP (STAMP NO.12768/1995) NO.12768/1995) NO.12768/1995) Ramdas Shridhar Dargode Appellant vs. State of Maharashtra through the Special Land Acquisition IOfficer, CIDCO, Nashik. Respondent Mr.P.N.Joshi for the Appellant. Ms.S.P.Manchekar, AGP for the Respondent-State. CORAM : ANOOP V. MOHTA,J. DATED : 9th April, 2008 P.C. A Division Bench of this Court in First Appeal First Appeal First Appeal No.251/1996 No.251/1996 No.251/1996 - The State of Maharashtra vs.Sadashiv - The State of Maharashtra vs.Sadashiv - The State of Maharashtra vs.Sadashiv Ganpat Ganpat Ganpat Avhad Avhad Avhad & ors. & ors. & ors. along with other First Appeals by a common Judgment dated 31.1.2008 while disposing of the First Appeals arising out of land acquisition proceedings in CIDCO, Nashik has granted the reliefs as under: 2 "44. In view of our above discussion on the different issues involved in the present appeals, we dispose of all the appeals and cross objections filed by the parties. The claimants would be entitled to the following compensation on the basis of the market value of the land determined by the court as on 1.4.1982. (i) The appeals filed by the claimants are partially accepted. (ii) The claimants would be entitled to receive compensation for acquisition of their lands at the rate of Rs.58.80 per sq.mtrs. and Rs.53.55 per sq.mtrs. for developed (advantageous group) and undeveloped (other than advantageous group) lands respectively. (iii) The claimants would be entitled to the extra benefit of Section 23(1A) of the Acquisition Act from 1.4.1982 till the date of the award i.e. 12th February, 1986. (iv) The claimants will also be entitled to the benefit of Section 28 of the Acquisition Act in accordance with law. (v) All the Appeals mentioned in paragraph 14 of this judgment are allowed and the award of the reference Court is set aside. (vi) In the Appeals mentioned in paragraph 24 of this judgment, the award of the reference Court is set aside and the cases are remanded to the reference Court for adjudication in accordance with law. Firstly, the reference Court would decide the question of maintainability of references under Section 18 of the Acquisition Act on the plea of limitation. Secondly, if this is answered in favour of the claimants, then it would proceed to determine compensation in accordance with law." 2. There is no dispute that the said Notification include the land references involved in the present 3 Appeals and the same was also taken note of and above order came to be passed. 3. First Appeal No.772/08 (Stamp No.12768/95) -Ramdas vs. State of Maharashtra filed by the claimant and First Appeal No.492/1998 filed by the State are also covered by the above judgment. In view of this, First Appeal No.492/98 filed by State is dismissed and First Appeal No.772/08 filed by the claimant-Ramdas is allowed in terms of the above judgment. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]