:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO.285 OF 1994 WITH CROSS OBJECTION ST. NO.8943 OF 2006 The State of Maharashtra. ..Appellant. Vs. Shri. Gangaram Hiru Gowari (since deceased through his legal heirs.) 1A. Shri. Bandu Gangaram Gowari, Son, Age 48 years. 1B. Shri. Gaurya Gangaram Gowari, Son, Age 44 years. 1C. Shri. Govind Gangaram Gowari, Son, Age 41 years. 1D. Shri.Choudhya Gangaram Gowari, Son, Age 38 years. 1E. Smt. Changubai Gangaram Gowari, Wife, Age 65 years. (Deceased). 1F. Naga Hiru Govari. 1G. Sudhakar Bama Govari. 1H. Vishnu Bama Govari. 1I. Vasudeo Bama Govari. 1J. Ramchandra Bama Govari. 1K. Shakuntala Bama Govari. 1L. Tulshiram Bama Govari. 1M. Kathor Mahadeo Govari. 1N. Ragho Mahadeo Govari. 1O. Dhaya Mahadeo Govari. 1P. Pandit Mahadeo Govari. 1Q. Kharubai Mahadeo Govari. 1R. Malbai Vijay Govari. 1S. Sulochana Posha Mundkar. :2: 1T. Bhau Mahadeo Govari. All R/o. Kamothe, , Post Kalamboli, Jawhar Estate,Tal. Panvel, District Raigad. ..Respondents. Ms.Shilpa Gajare,AGP. for the Appellant. Mr.Rajiv Patil alongwith Dushant Purekar for the Respondents. CORAM: R.S. MOHITE, J. DATE : 4th June,2008 ORAL JUDGMENT: 1. This first appeal is filed by the State of Maharashtra impugning the judgment and order passed by the 3rd Additional District Judge, Raigad on 25.6.1991 in Land Acquisition Reference No.596 of 1987. 2. The applicants lands are situated in different survey numbers and totally admeasure 46100 sq.mtrs. The Award was declared on 5.8.1986 and in the award the lands under reference were divided into two groups and compensation was awarded at the rate of Rs.3/- and 3.50/- per sq.meter. By the impugned judgment and order, a common rate of Rs.14/- per sq. meter was fixed in respect of the lands under acquisition. 3. It is not in dispute that the lands in question are situated in Village Kamothe,Tal. Panvel, Dist. Raigad and that the process of acquisition was commenced by a :3: Section-4 Notification on 3.2.1970. 4. On behalf of the respondents cross objections have been filed claiming a rate of Rs.25/- per sq.meter. 5. Issue relating to valuation of the land in Village Kamothe has already been decided by this court. The issue was decided in relation to the acquisition by a Section 4 Notification issued on 3.2.1970.The present lands are situated 1500sq.meters away from the Bombay Poona Highway as can be seen from the evidence of P.W.No.2 J.N.Kulkarni who had prepared the map. 6. The Division Bench of this Court while deciding First Appeal No.754 of 1986 and other connected matters divided the lands which were the subject matter of the appeal before it and which were acquired under Section-4 Notification issued on 3.2.1970 into five categories depending upon their distance from the Bombay Poona Highway and/or the Zilla Parishad road. In respect of the lands situated at a distance of 800 to 2200 meters, the rate was fixed by the Division Bench at Rs.20/- per sq.meter. In the present case the evidence indicates that the cluster of lands in question are situated within the distance of 1500 to 3000 meters from the Bombay Poona Highway . Although this distance partly extends further than the distance of 800 to 2200 meters which was the distance contemplated by the Division :4: Bench for awarding compensation of Rs.20/- per sq. meter, the Map-Exh.20 also indicates that these cluster of lands are also abutting/situated very near to the Zilla Parishad road. This was also one of the factors taken into account while fixing the categories as compensation was awarded at the rate of Rs.22/- per sq.meter where the land under categories were situated at a distance of not more than 1200mtrs. from the Bombay Poona High Way and abutting Zilla Parishad. 7. It is noted that the decision of the Division Bench has been subsequently consistently followed by this court. The Judgment of the Single Judge of this court in First Appeal No.76/1990 passed on 18.3.2006 and yet another judgment of this court passed in First Appeal No.54/1991 on 9.1.200 followed the aforesaid Division Bench Judgment. Taking an over all view of the matter, in my view, proper market value of the acquired lands in question would be Rs.20/- per sq.meter. 8. In the aforesaid view of the matter, the First Appeal No.285 of 1994 filed by the State of Maharashtra is dismissed and the cross objections bearing Stamp No.8943 of 2006 filed by the respondents in the said appeal are partly allowed. 9. It is directed that the State of Maharashtra will pay the compensation for the acquired land as per the :5: market value to be calculated at rate of Rs.20/-per sq. meter with solatium at 30 per cent under Section 23(2), and interest under Section 28 of the Land Acquisition,1894 and the proportionate costs to the claimants. It is made clear that the amount already paid will be permitted to be adjusted when the said calculation is made. First Appeal and the Cross objections Stamp No. 8943 of 2006 filed therein stands dismissed. (R.S.MOHITE, J.)