1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.388 OF 1992. FIRST APPEAL NO.388 OF 1992. FIRST APPEAL NO.388 OF 1992. The State of Maharashtra : Appellant. versus Ramchandra Dharma Urankar & ors. : Respondents. ALONG WITH ALONG WITH ALONG WITH FIRST APPEAL NO.697 OF 1992 FIRST APPEAL NO.697 OF 1992 FIRST APPEAL NO.697 OF 1992 Ramchandra Dharma Urankar & ors. : Appellants. versus The State of Maharashtra : Respondent. Mr.B.R.Patil, Acting Government Pleader for State Mr.D.S.Sawant for the claimants CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 19th APRIL 2005. DATED : 19th APRIL 2005. DATED : 19th APRIL 2005. 2 2 2 ORAL ORDER ORAL ORDER ORAL ORDER 1. Heard the learned AGP for the State and the advocate for the claimants. Both the appeals arise out of the judgment of the reference Court dated 8.8.1991 under the Land Acquisition Act. The State has filed the appeal to challenge the enhanced compensation and, the claimants have filed the appeal for further enhacement. 2. Lands admeasuring 8772 sq.mtrs of the claimants were acquired by the Government from village Wadghar Tal.Panvel for New Bombay Project. The reference Court has awarded compensation at the rate of Rs.10 per sq.mtr. to the claimant. According to the learned AGP for the State, that is on higher scale, whereas, according to the claimant, it is not the proper compensation. 2. This Court in an appeal bearing Appeal No.758 of 1988 decided on 3.7.2004 by the Division Bench of this Court [comprising of Justice Patankar and Justice Kakade] fixed price of Rs.12.50/- per sq.mtr. for the land from 3 3 3 village Wadghar. Both the learned AGP for the State and the advocate for the claimant agree that, that judgment will have to follow. However, the advocate for the claimants pointed out that the Division Bench has deducted 20% for development charges. The learned Government Pleader contended that in view of the judgment of the Supreme Court reported in (2003) 1 SCC 354 [Kasturi and others v. State of Haryana) development charges are required to be deducted from the amount of compensation and in that case the Supreme Court deducted 20% in stead of normal 1/3rd. In view of this judgment, 20% development charges would be proper. In view of this, the following order :- :ORDER: The appeal filed by the State is dismissed. The appeal filed by the claimants is partly allowed. 4 4 4 The claimanst will be entitled to the compensation at the rate of Rs.12.50/- per sq.mtr with proporationate enhancement in the statutory benefits. From the amount so awarded to the claimants, there shall be deduction of development charges at 20% . No order as to costs. [D.G.DESHPANDE] 19/04/2005 JUDGE.