1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 461 OF 2009 (Arising out of L.A.R.No.5/1994) WITH FIRST APPEAL NO. 1150 OF 2007 (Arisig out of L.A.R.No.116/1987) WITH FIRST APPEAL NO. 1608 OF 2008 (Arising out of L.A.R.No.190/1987) FIRST APPEAL NO. 461 OF 2009 The State of Maharashtra (Through the Special Land Acquisitino Officer, Metrocentre No.3, Thane.) ... Appellant (Orig. Opponent) Vs. 1. Shri Sankar Narayan Naik Age 65 years, 2. Shri Atmaram Kaluram Naik Age 58 years, both residing at Village Khairne Dist. Thane (New Mumbai) Power of attorney holders for them and the remaining claimants. 1. Maruti Fakir Naik, since deceased through his L.Rs. (1) Shri Parashuram Maruti Naik (2) Shri Anant Maruti Naik 1. Shri Gopinath Maruti Naik 2 2. Kaluram Fakir Naik, (since deceased) through his L.Rs.) (1) Shri Atmaram Kaluram Naik (2) Shri pandurang Kaluram Patil (3) Smt. Indirabai Balaram Patil (4) Smt. Shantabai Yeshwant Machavi (5) Smt. Savitribai SawalaamBhoir (6) Smt. Laxmibai Kamalakar Mhatre 3. Govind Fakir Naik, (since deceased through L.Rs.) Age 72 years. 3/1 Shri keshav Govind Naik & others. 4. Ganpat Fakir Naik, (since deceased through L.Rs.) Age 75 years, 4/1 Shri Laeladhar Ganpat Naik &others. 5. Shri Ramakant Krishanji Naik 6. Shri Shimakar Narayan Naik 7. Smt. Bhmabai Pandurang Patil 8. Smt. Sundrabai Ganpat 9. Smt. Yashoda Gangaram Tande 10. Smt. Chandrabai Haribhau Patil 11. Smt. Anandibai Kashinath Patil. 12. Mrs.Vimal Narayan patil 13. Ramchandra Fakir Naik (since deceased, through his L.Rs.) (1) Ganesh Ramchandra Naik (2) Dnyaneshwar Ramchandra Naik (3) Tukaram Ramchandra Naik. .. Claimants Vs. The Special Land Acquisition Officeer, Metro No. 3, Thane. Ms. S.P.Manchekar, AGP, for the Appellant. 3 FIRST APPEAL NO. 1150 OF 2007 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.3, Thane.) ... Appellant (Orig. Opponent) Vs. M/s. Amichand Raghunath & Co. a partnership firm of Ghansoli, Talujka and Dist. Thane,having its partners: 1. Otmal Amichandaji Age 63 years, 2. Multanmal Jasrajji, Age 62 years, 3. Chhaganraj Chunilalji Age 51 years 4. Jethmal Saremalji Age 73 years, Through power of attorney holder Shri Chandanmal Chunilal Jain, Age 40 Residing at Ghansoli, Taluka and Disrict. Thane. .. Respondents (org. claimants) Ms. S.P.Manchekar, AGP, for the Appellant. FIRST APPEAL NO. 1608 OF 2008 4 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.III, Thane.) ... Appellant (Orig. Opponent) Vs. 1. Hastimal Meghraj Jain, adult. Occ: Business. 2. Chhaganraj Meghraj Jain, adult, Occ: Busiess. 3. Shankarlal Meghraj Jain, adult, Occ: Business. All R/a Thane. Near Samitra Press, Station Road, Thane. Dist. Thane. Respondents (orig. claimants. Ms. S.P.manchekar, AGP, for the appellant-Stae. Mr. Rajesh S. Datar a/w. Mr.Rohan Darondale,Advocates, for the respondents. CORAM: J.H.BHATIA,J. DATE : 24th September, 2009. JUDGMENT 1. All these three Appeals may be deposed of by this common judgment as the lands acquired therein are situated in the same village and were acquired as per the same Notification. 5 2. In all these matters, agricultural land situated at Kopar Khairane, District Thane was acquired as per the Notification under Section 4 dated 4.2.1970. The claimants claimed compensation at the rate of Rs.10/- per sq. mtr. However, the Land Acquisition Officer awarded compensation a the rate of Rs. 3.20/-, Rs.3.60 and Rs.3.80 per square meter as per the awards passed on the different dates. Being not satisfied with the compensation, the claimants made Reference Applications under Sec. 18 of the Land Acquisition Act. The joint District Judge, Thane, passed the impugned award and awarded compensation at the rate of Rs.10/- per sq. mtr. The Appeals have been preferred by the State challenging the enhancement of the compensation. 3. At the outset, the learned AGP fairly conceded that in the similar matters arising out of Koper Khairane, the Reference Court had enhanced compensation at the rate of Rs.10/- per sq. mtr. in large number of Land References. Those orders were challenged in a group of First Appeals, which was decided by the Division Bench of this Court. The said Judgment is reported in State of Maharashtra vs. Pandurang J. Patil 2007 (6) Bom.C.R. 234. In that Judgment, the Division Bench of this Court held that the enhancement of compensation at the rate of Rs.10/- per sq. mtr. for the lands situated at Koper Khairane, acquired as per the Notification under Sec. 4 issued on 3.2.1970, was 6 justified. All these three matters are squarely covered by the judgment of this Court in the State of Maharashtra vs. Pandurang Patil. Therefore, I find no substance in the present Appeals. 4. In the result, all these three Appeals stand dismissed. However, there shall be no order as to costs. 5. The learned Counsel for the respondents in First Appeal No.1608 makes a statement that the State has not made payment of compensation till this date. The learned AGP is unable to make any statement for want of necessary information. In case the compensation amount is not deposited so far, it be deposited within six weeks from this day. (J.H.BHATIA,J.)