IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION (1) FIRST APPEAL NO.50 OF 1991 (2) FIRST APPEAL NO.59 OF 1991 (3) FIRST APPEAL NO.899 OF 1990 1. The Spl.Land Acquisition officer 2. The State of Maharashtra .Appellants V/s. 1. Shri Kashinath Vithal Patil 1.A Smt.Anandibai Kashinath Patil since deceased through her L.R’s 1.A.a Shri Anant Ramchandra Patil 1.A.b Shri Vaibhav Ramchandra Patil (Both r/o Murbi, Post Kharghar, Tal. Panvel, Dist. Raigad. 2. Shri Ramchandra Vithal Patil (dead) through Anant Ramchandra Patil 3. Shri Gotiram Vithal Patil 4. Rajaram Atmaram Patil (deceased) through his L.R.’s 4(A) Shevantabai Rajaram Patil 4(B) Raghunath Rajaram Patil 4(C) Balkrishna Rajaram Patil 4(D) Vijay Rajaram Patil 4(E) Kamlakar Rajaram Patil 4(F) Rukhmini Baburao Mhatre 4(G) Aswha Ashok Mhatre All R/o. at Murbi, Post Kharghar Tal.Panvel, Dist. Raigad 5. Shri Dharma Atmaram Patil 6. Smt.Krishnabai Baburao Patil 7. Bhimabai Sakharam Patil (dead) through Shri Arun S.Patil adult. 8. Smt.Pushpabai Prabhakar Patil 9. Shevantibai Krishna Shelake ..Respondents ---- (4) FIRST APPEAL NO.15 OF 1991 (5) FIRST APPEAL NO.16 OF 1991 (6) FIRST APPEAL NO.18 OF 1991 (7) FIRST APPEAL NO.19 OF 1991 1. Shri Kashinath Vithal Patil 1.A Smt.Anandibai Kashinath Patil since deceased through her L.R’s 1.A.a Shri Anant Ramchandra Patil 1.A.b Shri Vaibhav Ramchandra Patil (Both r/o Murbi, Post Kharghar, Tal. Panvel, Dist. Raigad. 2. Shri Ramchandra Vithal Patil (dead) through Anant Ramchandra Patil 3. Shri Gotiram Vithal Patil 4. Rajaram Atmaram Patil (deceased) : 2 : through his L.R.’s 4(A) Shevantabai Rajaram Patil 4(B) Raghunath Rajaram Patil 4(C) Balkrishna Rajaram Patil 4(D) Vijay Rajaram Patil 4(E) Kamlakar Rajaram Patil 4(F) Rukhmini Baburao Mhatre 4(G) Aswha Ashok Mhatre All R/o. at Murbi, Post Kharghar Tal.Panvel, Dist. Raigad 5. Shri Dharma Atmaram Patil 6. Smt.Krishnabai Baburao Patil 7. Bhimabai Sakharam Patil (dead) through Shri Arun S.Patil adult. 8. Smt.Pushpabai Prabhakar Patil 9. Shevantibai Krishna Shelake ..Appellants versus 1. The Spl.Land Acquisition officer 2. The State of Maharashtra ..Respondents ---- Ms.Shilpa Gajare AGP for respondent/State. Mr.S.M.Tidke for respondents. Ms.Gauri Godse for respondent nos.5, 7A & 7B. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 9.6.2008. Judgment :- 1. All these cross appeals and cross objections pertain to land at village Owe acquired under Section 4 Notification and therefore, all these appeals and all cross-objections are being disposed off by this common judgment and order. 2. These are the First Appeals impugning a judgment and order passed by the Civil Judge, Raigad on : 3 : 26.7.1989 in Land Acquisition Reference No.35 of 1989. In the present case the land in question was situated in village Owe Taluka Raigad, District-Raigad. Section 4 notification was issued on 4.2.1970. The question of price of such land of village Owe is decided by the Division Bench of this Court in a group of appeals headed by First Appeal No.875 of 1985 i.e. Abdul Patel V/s. Special Land Acquisition Officer. In paragraph-10 of the said judgment, in respect of several lands acquired from village Owe in pursuance of section 4 notification issued in the year 1970, the market value of the lands was fixed at Rs.13 per square meter. In the circumstances, I am inclined to partly allow the appeals and fix the market value at Rs.13 per square meter. 3. In the net result, appeals are partly allowed. The compensation payable will be calculated at the rate of Rs.13 per square meter and solatium at 30% under Section 23(2), compensation at 12% under Section 23(1) (A) and interest awardable under Section 28 of the Land Acquisition Act will be calculated accordingly. Appeals and cross-objections stand disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)