1 85 fa.1744.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 1744 OF 2011 Laxman Lalji Kapase. ... Appellant Versus The Special Land Acquisition Officer. ... Respondent ----- Mr. N.V.Walawalkar for the Appellant. Mr. A.R.Patil, AGP for the Respondent / State. ----- CORAM : A.S.OKA, J. DATE : 20 th October, 2011. ORAL JUDGMENT: 1 Heard the learned counsel appearing for the parties. 2 The learned AGP appearing for the Respondent on instructions states that there is no appeal preferred by the State Government for challenging the impugned judgment and award. 3 The learned counsel appearing for the Appellant invited attention of the Court to the judgment and order dated 28 th January, 2011 passed by this Court in the companion First Appeal No.761 of 2 85 fa.1744.11 1992 and other connected matters. He submitted that the present appeal will be governed by the said decision. 4 This Court decided the appeals relating to the lands, which were notified under the same notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”) situated in the same village. This Court has fixed the market value of the acquired lands at the rate of Rs.14,835/- per Hectare. The Reference Court had fixed the market value at Rs.11,000/- per Hectare. In the present case, the market value has been fixed by the Reference Court at the rate of Rs.10,000/- per Hectare. 5 There cannot be any dispute that even the present appeal will be governed by the decision of this Court in First Appeal No.761 of 1992. 6 Hence, for the reasons recorded in the judgment and order dated 28 th January, 2011, I pass the following order: 3 85 fa.1744.11 i. The First Appeal is partly allowed ; ii. The impugned judgment and award dated 7 th September, 1994 in Land Acquisition Reference No.89 of 1995 is modified and the total market value of the acquired land is fixed at the rate of Rs.14,835/- per Hectare ; iii. In addition to the said market value, the claimants will be entitled to statutory benefits under Section 23(1-A), 23(2) and Section 28 of the Land Acquisition Act, 1894 ; iv. The computation of the compensation payable as per the modified Award shall be made by the Reference Court within a period of three months from the date on which writ of the Judgment is received by the said Court ; v. The State Government shall deposit additional compensation within a period of three months from the date on which compensation amount is determined as aforesaid ; and 4 85 fa.1744.11 vi. The Appellant is entitled to proportionate costs of the Reference as well as the Appeal from the State Government. [ A.S.OKA, J ]