1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.2424 OF 2007 The State of Maharashtra .. Applicant. Versus Ramjan Hasan Shaikh & Anr. .. Respondents. Mr.K.K. Tated, G.P. for the appellant. Mr.Sachin S. Punde for respondent Nos.1 and 2. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 25th March, 2008 DATED : 25th March, 2008 DATED : 25th March, 2008 P.C. : 1. We have heard the learned counsel appearing for the parties. By consent of the counsel appearing for the parties, the appeal itself is taken up for final hearing. 2. The present appeal has been filed by the State challenging the compensation awarded, wherein the reference Court vide its order dated 27-4-2005 awarded compensation @ Rs.20/- per square metre and granted consequential benefits to the claimants. 3. According to the counsel appearing for the State, this case is squarely covered on facts and law by the Division Bench judgment of this Court in First Appeal No.875 of 1985 (Abdul Aziz Husenmiya 2 Patel V/s. The Special Land Acquisition Officer) dated 16th March, 2000. The learned counsel appearing for the claimants/respondents have relied upon Single Judge judgment of this Court in First Appeal No.394 of 1992 (The State of Maharashtra V/s. Mansoor Abdul Latif Patel & Ors) dated 14th September, 2000, wherein the Court has held that the lands adjacent to the national highway and having a better location would be entitled to receive compensation at the rate of Rs.20/- per square metre, but if they are away from the national highway, they would receive the compensation at the rate of Rs.13/- per square metre. 4. In fact, both the judgments deal with the same notification for the same village. In the present case also, we are concerned with the notification dated 3-2-1970 for acquisition of land in village Owe. This notification was also subject matter of previous appeals. 5. The learned reference Court in the judgment has clearly noticed in para 6 and 11 of the judgment, that the acquired land was nearly at the distance of 1 km from Mumbai-Pune Highway and the City was 5 kms away. It has also noticed the statement of P.W. 2 and recorded "He admitted that village Owe is not abutting to any National 3 Highway." In view of the above case of the claimant themselves, we would follow the Division Bench judgment of this Court in Abdul Aziz Husenmiya Patel (supra) and hold that the claimants are entitled to receive compensation at the rate of Rs.13/- per square metre with all statutory and other benefits as awarded by the reference Court. To that extent, the appeal is partially accepted. 6. With these observations, the appeal is disposed of with no order as to costs. CHIEF JUSTICE J.P. DEVADHAR, J.