-: 1 :- D R A F T IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO.405 OF 1991 The State of Maharashtra (at the instance of the Special Land Acquisition Officer, Metro Centre No.6, Panvel, Dist. Raigad) : Appellant (Orig.Opponent) V/s. Dattatraya Jagganath Kadam & Ors. : Respondents (Orig. Claimants) ... Mr.B.H.Mehta, Asstt. Govt. Pleader for the appellant. Mr.S.S.Kulkarni for respondent nos.2 & 3. ... WITH FIRST APPEAL NO.743 OF 1991 Dattatray Jagannath Kadam : Appellant (Orig. Claimant) V/s. The State of Maharashtra, through the Special Land Acquisition Officer, Metro Centre No.6, Panvel, Dist. Raigad. : Respondent (Orig.Opponent) -: 2 :- ... Mr.S.S.Kulkarni for the appellant. Mr.B.H. Mehta, Asstt. Govt. Pleader for the respondent. ... CORAM : ANOOP V. MOHTA,J. DATE : APRIL 17, 2008. P.C. 1. The State Government has challenged basically grant of Rs.10/- per sq. mtr. as awarded by the Joint Civil Judge, Senior Division, in favour of the respondent-claimants whereas the claimant challenged the said judgement and claimed Rs.25/- per sq. mtr. for the same land. 2. It is not necessary to go further into the merits of the matter, in view of the judgement given by this Court on identically situated land arising out of the same proceedings, after considering the situation, quality, proximity and distance from the highway, granting Rs.20/- to Rs.22/- per sq. mtr. 3. The learned counsel for the original claimants makes a statement, after verifying the record, and it is not disputed by the learned Asstt. Govt. Pleader appearing for the State that the lands in question are more closer to the highway, apart from other factors as noted above. -: 3 :- 4. In view of this position of the land, I am inclined to grant the rate of Rs.22/- per sq. mtr. as granted in First Appeal No.875 of 1985 (Abdul Aziz Husenmiya Patel v. The Special Land Acquisition Officer, Metro Centre No.11, Panvel, Dist. Raigad) and other connected First Appeals by judgement dated 16.3.2000. It is near to Taloja Railway Station and M.I.D.C., Taloja and village Kamote. 5. There is no dispute that this Court has in a number of matters in similarly situated lands granted the same amount. 6. Therefore, taking all these into account, both these appeals are disposed of. In the result, the appeal filed by the State is dismissed and the appeal filed by the claimant is partly allowed as noted above, in view of the above observations. No order as to costs. The State Government is directed to deposit the amount after calculation within six months. 7. Reference Court also needs to correct the calculation mistakes, if any. ANOOP V. MOHTA, J.