-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.1439 OF 2008 WITH CIVIL APPLICATION NO.2524 OF 2007 The State of Maharashtra .. Appellant. Vs. Vitthal Jagannath Keni since deceased through LRs Smt.Rukminibai Vitthal Keni & Ors. .. Respondents. Mrs.G.P.Mulekar for the appellant. Mr.S.S.Patwardhan for the respondents. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATED : 24TH JULY, 2008. DATED : 24TH JULY, 2008. DATED : 24TH JULY, 2008. PC: PC: PC: . Heard Mrs.Mulekar, the A.G.P. for the appellant and Mr.Patwardhan, the learned counsel for the respondents. 2. Admit. 3. Mr.Patwardhan, the learned counsel waives service for the respondents. 4. Paper book and R & P dispensed with. By consent of the parties the appeal is taken up forthwith for final hearing in view of earlier judgment of this Court (Patankar & Kakade, JJ) rendered on 3rd July, 2001 thereby decided First Appeal No.758 of 1988. -2- 5. This appeal is directed against an award passed by the Joint Civil Judge, Senior Division, Alibag on 30.12.2000 in L.A.R.No.316 of 2000 (Old L.A.R.No.274 of 1987). 6. Agriculture land admeasuring 6 hector 37.12 R from survey no.16/1, 110+111+112/5-A6, 132/9, 135/5, 136/2 of village Wadghar, Tal.Panvel, Dist.Raigad and from the ownership of the present respondents came to be acquired as per the notification issued under section 4 of the Land Acquisition Act, 1894 ("the Act" for short) dated 3.2.1970. The land acquisition officer had passed the award and granted the compensation at the rate of Rs.4,600/- per acre for the land in survey No.16/1, 110+111+112/5-A6 whereas for the land bearing Survey No.132/9, 135/5, 136/2 the rate granted by the land acquisition officer was Rs.4,200/- per acre as against the claim of Rs.80,000/- per acre. The claimants, therefore, submitted an application under section 18 of the Act to the Collector which application came to be referred to the Reference Court and registered as L.A.R. No.274 of 1987. The Reference Court by the impugned order has fixed the market value of the land at Rs.15/- per sq. mtr. 7. The learned counsel for both the parties have -3- placed before us a copy of the judgment dated 3.7.2001 in First Appeal No.758 of 1988 and admittedly the said judgment arose from L.A.R.No.189 of 1986 wherein the Reference Court had granted Rs.1.80 Ps. per sq. mtr. However, this court was pleased to fix the market value at Rs.12.50 Ps. per sq.mtr. Undoubtedly, the land in L.A.R.No.189 of 1986 as well as L.A.R.No.274 of 1987 (old) came to be acquired under the very same notification issued under section 4 of the Act and both the lands are from the very same village i.e. village Wadghar, Tal.Panvel. 7A. By following the said judgment dated 3.7.2001 in First Appeal No.758 of 1988 we hereby fix the market value of the land of present claimants at Rs.12.50 Ps. per sq. mtr. instead of Rs.15/- per sq. mtr. as has been granted by the impugned award and consequently, the solatium under section 23(2), interest component under section 23(1-A) of the Act will be payable on this market value of Rs.12.50 plus the amount awarded to the claimants and the interest payable under section 28 of the Act which interest is payable on the total amount i.e. market value plus solatium plus interest component under section 23(1-A). 8. Hence the appeal is partly allowed and the market value of the subject land is fixed at Rs.12.50 -4- Ps. per sq. mtr. instead of Rs.15/- per sq. mtr. The impugned award has been modified accordingly. In addition, the claimants will be entitle for benefit of solatium, additional component of interest on the market value of Rs.12.50 Ps. per sq. mtr. and interest payable under section 28 of the Act will be payable on the total amount. A fresh decree be drawn up accordingly. 9. The parties to bear their own costs. 10. Civil application is also disposed off. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)