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 CIVIL FIRST APPEAL NO.2836 OF 2006 CIVIL FIRST APPEAL NO.2836 OF 2006 CIVIL FIRST APPEAL NO.2836 OF 2006 The State of Maharashtra ...Appellant The State of Maharashtra ...Appellant The State of Maharashtra ...Appellant Vs. Vs. Vs. Mohan Macher Pawar ...Respondent Mohan Macher Pawar ...Respondent Mohan Macher Pawar ...Respondent Mr.S.N.Gawade, A.G.P for Appellant Mr.S.N.Gawade, A.G.P for Appellant Mr.S.N.Gawade, A.G.P for Appellant Mr.S.M.Kamble for Respondents Mr.S.M.Kamble for Respondents Mr.S.M.Kamble for Respondents CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & CORAM: SHRI D.G. DESHPANDE & SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. DATE : 7TH NOVEMBER, 2006. DATE : 7TH NOVEMBER, 2006. DATE : 7TH NOVEMBER, 2006. P.C. P.C. P.C. 1. By consent taken up for final hearing and 1. By consent taken up for final hearing and 1. By consent taken up for final hearing and looking into the issue. looking into the issue. looking into the issue. 2. This is an appeal by the State of Maharashtra 2. This is an appeal by the State of Maharashtra 2. This is an appeal by the State of Maharashtra against the enhancement of the compensation in the Land against the enhancement of the compensation in the Land against the enhancement of the compensation in the Land Acquisition Cases. The land acquired from Khargar area, Acquisition Cases. The land acquired from Khargar area, Acquisition Cases. The land acquired from Khargar area, the compensation awarded by the lower Court was Rs.25/- the compensation awarded by the lower Court was Rs.25/- the compensation awarded by the lower Court was Rs.25/- per Sq. Mtr. The learned A.G.P. relied upon the unreported judgment of this Court in the case of unreported judgment of this Court in the case of unreported judgment of this Court in the case of Abdul Aziz Husenmiya Patel Vs. The Spl. Land Acquisition Officer i.e. in the First Appeal No.875 of 1985. In i.e. in the First Appeal No.875 of 1985. In i.e. in the First Appeal No.875 of 1985. In paragraph 11, the Court has fixed Rs.22/- as the paragraph 11, the Court has fixed Rs.22/- as the paragraph 11, the Court has fixed Rs.22/- as the compensation per Sq.Mtr. for land situated at Khargar. compensation per Sq.Mtr. for land situated at Khargar. compensation per Sq.Mtr. for land situated at Khargar. 3. The learned Counsel for the Respondent on 3. The learned Counsel for the Respondent on 3. The learned Counsel for the Respondent on instructions from his client states that his client has instructions from his client states that his client has instructions from his client states that his client has no objection to receive compensation at Rs.22/- per Sq. no objection to receive compensation at Rs.22/- per Sq. no objection to receive compensation at Rs.22/- per Sq. Mtr. Mtr. Mtr. 4. It is obvious that in view of the aforesaid 4. It is obvious that in view of the aforesaid 4. It is obvious that in view of the aforesaid judgment, the State of Maharashtra cannot claim further judgment, the State of Maharashtra cannot claim further judgment, the State of Maharashtra cannot claim further reduction in compensation. Therefore, this Appeal is reduction in compensation. Therefore, this Appeal is reduction in compensation. Therefore, this Appeal is partly allowed. The compensation allowed in the partly allowed. The compensation allowed in the partly allowed. The compensation allowed in the Petition at Rs.25/- per Sq. Mtr. is reduced to Petition at Rs.25/- per Sq. Mtr. is reduced to Petition at Rs.25/- per Sq. Mtr. is reduced to Rs.22/-. The Appeal is allowed to that extent only. No Rs.22/-. The Appeal is allowed to that extent only. No Rs.22/-. The Appeal is allowed to that extent only. No order as to costs. order as to costs. order as to costs. (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE,J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE,J.) (SMT. ROSHAN DALVI, J.) (SHRI D.G. DESHPANDE,J.)