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. 730 OF APPEAL NO. 730 OF APPEAL NO. 730 OF 1991 1991 1991 1. Mr.Bhagwan Shalik Mhatre, Adult, Occu. Service, R/o. Village Panvel, Near Thana Naka, Post Panvel, Dist. Raigad. 2. Shri Ganpat Shalik Mhatre, Adult, R/o. Village Panvel, (Dhakta Khanda), Post Panvel, Tahsil Panvel, Dist. Raigad. 3. Shri Chandrakant Shalik Mhatre, Adult, R/o. Village Panvel, (Dhakata Khanda), Post Panvel, Tahsil Panvel, Dist. Raigad. 4. Shri Madhukar Shalik Mhatre, Adult, R/o. Village Panvel, (Dhakata Khanda), Post Panvel, Tahsil Panvel, Dist. Raigad. 5. Shri Mukund Shalik Mhatre, Adult, R/o. Village Panvel, (Dhakata Khanda), Post Panvel, Tahsil Panvel, Dist. Raigad. 6. Smt.Bebibai Bama Bhende, Adult, R/o. Village Jui-Kamothe, Post Kamothe Tahsil Panvel, Dist. Raigad. 7. Smt. Sushila Vasant Bhagat, Adult, R/o. Village Panvel, (Dhakata Khanda), Post Panvel, Tahsil Panvel, Dist. Raigad. 8. Smt. Vanita Vitthal Patil, Adult, R/o. Village Valap, Post Panvel, Tahsil Panvel, Dist. Raigad. 9. Smt. Gulab Pandurang Bhagat, Adult, R/o. Village Panvel, (Takka) Post Panvel, Tahsil Panvel, Dist. Raigad. ...Appellants. ( 2 ) Vs. State Government of Maharashtra, through its Special Land Acquisition Officer, Metro Centre No.1, Panvel, District - Raigad. ...Respondent. Mr.V.S.Khanavkar for the Appellants. Mr.S.N.Gawade, AGP for the State. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 6th February, 2009. : 6th February, 2009. : 6th February, 2009. ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- . This is a first Appeal filed by the original Claimants for enhancement of compensation and accordingly restricted @ Rs.20/- per Sq. meter. 2. The Land Acquisition Reference No. 91 of 1986 was decided by the Joint Civil Judge, Senior Division, Raigad at Alibag and passed the impugned order granting Rs.10/- per Sq.Meter. 3. It is clear from the record that the land situated at village Panvel and falls within the ambit of 750 to 1500 metres of the National Highway i.e. as recorded it is 800 to 1300 meter. In view of above, as the case falls within the ambit of the Judgment dated 12th June, 2008 passed in First Appeal No.604 of 1995 by ( 3 ) the Division Bench of this Court and observed as under:- "17. The Claimants would be entitled to compensation 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." 4. The facts and decision given by this Court covers the case of payment in all respect, specially Clause "b" of Paragraph 17. However, the Appellants have claimed and restricted the amount of Rs.20/- per Sq. metre to him as prayed in the Petition. The Appellant is, therefore, entitled for the same. They are not ( 4 ) pressing their Civil Application No.727 of 2004. 5. Resultantly, the Appeal is allowed to the above extent that the claimant is entitled to enhance the compensation @ Rs.23/- per sq. metre with all statutory benefits as available in law. Award be modified accordingly. 6. The Appeal is, accordingly, allowed. No costs. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)