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.695 OF 1992 FIRST APPEAL NO.695 OF 1992 FIRST APPEAL NO.695 OF 1992 Shri Mahomed Alli Abdul Kareem Arshi & ors. : Appellants. v/s. The Special Land Acquisition Officer, Metro Centre V. Panvel : Respondent. AND AND AND FIRST APPEAL NO.200 OF 1993 FIRST APPEAL NO.200 OF 1993 FIRST APPEAL NO.200 OF 1993 The State of Maharashtra [Through The Special Land Acquisition Officer, Metro Centre V Panvel Dist Raigad. : Appellant V/s. Shri Mohomad Alli Abdul Kareem Arshi & ors. : Respondents. ALONG WITH ALONG WITH ALONG WITH FIRST APPEAL NO.692 OF 1992 FIRST APPEAL NO.692 OF 1992 FIRST APPEAL NO.692 OF 1992 2 2 2 Shri Mahamed Alli Abdul Karim Arshi & ors. : Appellants. v/s. The Special Land Acquisition Officer, Panvel : Respondent. AND AND AND FIRST APPEAL NO.789 OF 1994 FIRST APPEAL NO.789 OF 1994 FIRST APPEAL NO.789 OF 1994 The State of Maharashtra [Through The Special Land Acquisition Officer, Metro Centre IV Panvel : Appellant V/s. Shri Mahamad Alli Abdul Karim Arshi & ors. : Respondents. ALONG WITH ALONG WITH ALONG WITH FIRST APPEAL NO.679 OF 1992 FIRST APPEAL NO.679 OF 1992 FIRST APPEAL NO.679 OF 1992 Shri Mohamed Alli Abdul Kareem Arshi & ors. : Appellants. v/s. The Special Land Acquisition Officer, Panvel : Respondent. 3 3 3 AND AND AND FIRST APPEAL NO.217 OF 1993 FIRST APPEAL NO.217 OF 1993 FIRST APPEAL NO.217 OF 1993 The State of Maharashtra [Through The Special Land Acquisition Officer, Metro Centre 5, Panvel : Appellant. V/s. Shri Mohamad Alli Abdul Kareem Arshi & ors. : Respondents. ALONG WITH ALONG WITH ALONG WITH FIRST APPEAL NO.6 OF 1993 FIRST APPEAL NO.6 OF 1993 FIRST APPEAL NO.6 OF 1993 Shri Mohamad Alli Abdul Karim Arshi & ors. : Appellants. Versus The Special Land Acquisition Officer, Panvel, Metro Centre No.IV Panvel : Respondents. AND AND AND FIRST APPEAL NO.21 OF 1993. FIRST APPEAL NO.21 OF 1993. FIRST APPEAL NO.21 OF 1993. The State of Maharashtra [Through The Special Land Acquisition Officer, Panvel, Metro Centre No.IV Panvel : Appellant. 4 4 4 versus Shri Mohamad Alli Abdul Karim Arshi & ors. : Respondents. Mr.A.N.Maniyar for the claimants. Mr.B.R.Patil, Government Pleader for the State. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 20th January 2005. DATED : 20th January 2005. DATED : 20th January 2005. OPERATIVE ORDER. OPERATIVE ORDER. OPERATIVE ORDER. . For the reasons separately recorded, the following order is passed :- ORDER IN APPEAL NO.695/92 AND APPEAL NO.200/93 ORDER IN APPEAL NO.695/92 AND APPEAL NO.200/93 ORDER IN APPEAL NO.695/92 AND APPEAL NO.200/93 [LAR NO.18/87] [LAR NO.18/87] [LAR NO.18/87] The Appeal filed by the State i.e. First Appeal No.200 of 1993 is partly allowed. Compensation granted to the Respondents is reduced to Rs.15/- per sq.mtr. and the State will be entitled to development charges at 15% from the amount of 5 5 5 compensation. The Appeal filed by the claimants i.e. First Appeal No.695 of 1992 and the Civil Application filed by the claimants for enhancement are dismissed. ORDER IN APPEAL NO.692/92 AND APPEAL NO.789/94 ORDER IN APPEAL NO.692/92 AND APPEAL NO.789/94 ORDER IN APPEAL NO.692/92 AND APPEAL NO.789/94 [LAR NO.397/86] [LAR NO.397/86] [LAR NO.397/86] The Appeal filed by the claimants i.e. Appeal No.692 of 1992 is partly allowed. The compensation awarded to the claimants for the acquired land is increased to Rs.25/- per sq.mtr. The Civil Application filed by the claimants for enhancement does not survived in view of this order. The Appeal filed by the State i.e. First Appeal No.789 of 1994 is partly allowed. The State will be entitled to development charges at 15% from the amount of compensation. 6 6 6 ORDER IN APPEAL NO.679/92 AND APPEAL NO.217/93 ORDER IN APPEAL NO.679/92 AND APPEAL NO.217/93 ORDER IN APPEAL NO.679/92 AND APPEAL NO.217/93 [LAR NO.17/87] [LAR NO.17/87] [LAR NO.17/87] The Appeal filed by the State i.e. First Appeal No.217 of 1993 is partly allowed. Compensation granted to the Respondents is reduced to Rs.15/- per sq.mtr. and the State will be entitled to development charges at 15% from the amount of compensation. The Appeal filed by the claimants i.e. First Appeal No.679 of 1992 and the Civil Application filed by the claimants for enhancement are dismissed. ORDER IN APPEAL NO.6/93 AND APPEAL NO.21/93 ORDER IN APPEAL NO.6/93 AND APPEAL NO.21/93 ORDER IN APPEAL NO.6/93 AND APPEAL NO.21/93 [LAR NO.405/86] [LAR NO.405/86] [LAR NO.405/86] The Appeal filed by the State i.e. First Appeal No.21 of 1993 is partly allowed. Compensation granted to the Respondents is reduced to Rs.13/- per sq.mtr. and the State will be entitled to development charges at 15% from the amount of compensation. 7 7 7 The Appeal filed by the claimants i.e. First Appeal No.6 of 1993 and the Civil Application filed by the claimants for enhancement are dismissed. There will be no order as to costs either in the appeals of the State or of the claimants. [D.G.DESHPANDE] [D.G.DESHPANDE] [D.G.DESHPANDE] 20/01/2005 JUDGE. 20/01/2005 JUDGE. 20/01/2005 JUDGE.