1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE First Appeal No.786 of 1994 And Civil Application No.3044 of 1996 With Cross Objection Stamp No.47977 of 2003 The State of Maharashtra Appellant Vs. Thamba Balya Mhatre since deceased through LRs: a) Smt.Devki Thamba Mhatre since deceased through LRs. a1) Smt.Lilabai Tulshiram Naik a2) Smt.Thakabai Krishna Naik a3) Smt.Subhadra Shivdas Bhoir a4) Smt.Mainabai Thamba Mhatre Respondents Mrs.G.P.Mulekar, AGP for State. Mr.C.G.Gavnekar for claimants. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. April 6, 2009. ORAL JUDGMENT (PER B.H.MARLAPALLE,J.) 1. The First Appeal as well as Cross Objection arise from the award dated 22nd April 1993 passed by the 2nd Addl. District Judge, Raigad at Alibaug in LAR No.672 of 1986. The respondent claimant was the owner in Survey Nos.41/3 and 42/4 totally admeasuring 2 7540 sq.mtrs. which came to be acquired for the New Bombay Project by the State Government. The notification under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short) was published on 3rd February 1970 and the awards were passed by the Land Acquisition Officer on 4th September 1986 and 18th September 1986. The Land Acquisition Officer granted compensation at Rs.3/- per sq.mtr. and the same was found to be inadequate by the land owner. Hence he submitted an application under Section 18 of the Act and claimed compensation at the rate of Rs.40/- per sq.mtr. which application came to be referred to the Reference Court and registered as LAR No.672 of 1986. By the impugned award the market rate has been fixed at Rs.14/- per sq.mtr. and other benefits under the Act have also been granted. 2. The State Government as well as the claimant are aggrieved by the award and it is the contention of the State Government in its First Appeal No.786 of 1994 that the market rate granted is not realistic and it is on the higher side whereas the land owner in his cross-objection claims that the market rate of Rs.14/- granted by the Reference Court is inadequate and does not reflect the prevailing market rate. 3 3. This Court by its common Judgment dated 25th and 26th February 1993 decided First Appeal Nos.751 and 752 of 1986 as well as other connected appeals arising from the acquisition under the very same notification dated 3/2/1970 and for the very same project i.e. New Bombay project. For village Kamothe in Panvel Taluka this Court fixed the market rate at Rs.25 per sq.mtr. for the land abutting highway, at Rs.23/- if the land was within a distance of 800 mtrs, Rs.22/- if the land was within 1200 mtrs. and Rs.20/- per sq.mtr. if the land was at a distance of 2200 mtrs. from the Bombay Pune highway. Admittedly the subject land covered by the instant appeal as well as cross objection is located at a distance of 600 mtrs. from the Bombay Pune highway and, therefore, as per the common judgment dated 25th and 26th February 1993, which judgment has been subsequently followed by this Court, the market value requires to be fixed at Rs.23/- per sq.mtr. In addition the land owner will be entitled for the statutory benefits under Section 23(1)(a), 23(2) as well as Section 28 of the Act. 4. Hence First Appeal No.786 of 1994 fails and the same is hereby dismissed. Whereas Cross Objection 4 under Stamp No.47977 of 2003 is partly allowed and the market rate of the claimants’ land is fixed at Rs.23 per sq.mtr. In addition the claimants will be entitled for all the statutory benefits. 5. Fresh award be issued accordingly and the balance amount shall be paid as expeditiously as possible and in any case within three months from today. Parties to bear their own costs. 6. Civil application does not survive and the same stands disposed. (S,J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)