ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 824 OF APPEAL NO. 824 OF APPEAL NO. 824 OF 1992 1992 1992 WITH WITH WITH CROSS CROSS CROSS OBJECTION NO. 7310 OF 1993 OBJECTION NO. 7310 OF 1993 OBJECTION NO. 7310 OF 1993 The State of Maharashtra ...Appellant. Vs. Ramdas Kanu Chikhalekar (Since deceased, through LRs) 1A) Lahu Ramdas Chikhalekar, Age 42, Occu. Business, Village Valavli, Post Navde, Tq. Panvel, Dist. Raigad. 1B) Pandharinath Ramdas Chikhalekar, Age 35, Occu. Business, Village Valavli, Post Navde, Tq. Panvel, Dist. Raigad. 1C) Kesarinath Ramdas Chikhalekar, Age 32, Occu. Business, Village Valavli, Post Navde, Tq. Panvel, Dist. Raigad. 1D) Malati Vishwanath Chorghe, Age 39 yrs. Housewife, Village Belavli, Tq.Panvel, Dist. Raigad. Mr.S.N.Gawade, AGP for the State. Mr.V.S.Khanavkar for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 6th February, 2009. : 6th February, 2009. : 6th February, 2009. ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- . This is a Land Acquisition Appeal, filed by the State- Original Opponent, basically challenging the grant of compensation @ Rs.13/- per Sq. Metres. However, both the parties fairly conceded that there ( 2 ) is a Judgment of this Court in First Appeal No. 25 of 1993 dated 22nd April, 2004 whereby in a similarly situated land at Valavli, Tq. Panvel which was also acquired by the State for New Bombay Metro Project by the same notification, considering various aspects and rival contentions and ultimately granted Rs.15/- per Sq. Metres. 2. In view of the above, the State Appeal is dismissed. 3. The learned counsel appearing for the Claimants is also not pressing his counter/ objection and restricted his claim @ Rs.15/- per Sq. Metre as already granted by this Court. 4. The counter / cross objection filed by the Respondents, however, in view of above Judgment allowed to the extent of Rs.15/- per Sq. Metres only. The Respondents- Original Claimants are entitled for all the statutory benefits in accordance with law. The award be modified accordingly. 5. Both the Appeals are accordingly, disposed of. No costs. ( 3 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)