Bombay High Court
The State Of Maharashtra vs Shri.Y.A.Thakur on 24 February, 2025
2025:BHC-AS:8909
63 fa 738-1994 & Xobt.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 738 OF 1994
WITH
CROSS-OBJECTION (St.) NO. 31221 OF 1996
IN
FIRST APPEAL NO. 738 OF 1994
1) The State of Maharashtra, (through the ]
Special Land Acquisition Officer, Metro ]
Centre No. II, Panel, District Raigad). ] ...Appellant.
Versus
1) Shri Trimbak Joma Thakur since deceased ]
through his legal representatives : - ]
]
Shri Atmaram Trimbak Thakur, deceased ]
through his legal representatives :- ]
(A) Shri Yashwant Atmaram Thakur, 25 years ]
(B) Shri Ravindra Atmaram Thakur, 23 years ]
(C) Shri Vishwajit Atmaram Thakur, 21 years ]
(D) Shrimati Janabai Atmaram Thakur, 42 years ]
[Deleted]. ]
(E) Shri Santosh Atmaram Thakur, 19 years ]
(F) Ku. Sachin Atmaram Thakur, 11 years ]
(G) Ku. Shirish Atmaram Thakur, 17 years. ]
Nos. (F) and (G) minors through their guardian ]
mother No. (D). ]
]
2. Shri Dashrath Trimbak Thakur, 39 years. ]
Since deceased Thr. His legal heirs. ]
2a. Chetan Dashrath Thakur ]
Age : 38; Occupation: job ]
R/o: "Shri Swami Samarth sadan" Matru-Krupa ]
apt. Plot no 32/25, 52 Bungalow, old Panvel ]
2b. Vaishali Ganesh Patil ]
Age : 50; Occupation: doctor ]
Address: house no 106, at - Haji Malang Wadi, ]
Patil-SR 1 of 5
63 fa 738-1994 & Xobt.doc
Post- Wadi, taluka - Ambarnath, Thane, ]
Maharashtra 421301 ]
2c. Kavita Vinayak Mumbaikar ]
Age: 48; Occupation: job ]
Address: A.M.S. Heritage Room No- 302 Uran ]
naka Road, near Market Yard at post Panvel ]
410206
2d. Rashmi Sunil Bandhankar ]
Age: 47; Occupation: house wife ]
Address: Bhalchandra complex, ]
B-201/8B, Kavdal tale pen, Raigad 402107 ]
2e. Seema Ashish Patil ]
Age: 45; Occupation: job ]
Address: Vaibhav nagar, ]
Ridhi-Siddhi, Navghar Road Behind Talav Thane, ]
Bhayandar East, 401105
]
2f. Anjali Nilesh Patil ]
Age: 43; Occupation : job ]
Address: Near pen Khopoli bypass, at/po- ]
Tarankhop, Taluka-Pen Raigad 402107 ]
3. Shri Kisan Trimbak Thakur, 33 years ]
4. Shri Prabhakar Trimbak Thakur, 31 years ]
5. Sau. Bharati Bhaskar Patil, 37 years ]
6. Sau. Chandrabai Tukaram Patil, 35 years ]
7. Sau. Sulochana Mohan Patil, 28 years ]
8. Sau. Asha Vishwanath Patil, 25 years ]
9. Smt. Muktabai Trimbak Thakur, 65 years, All ]
R/o. Rodpali, Taluka Panvel, District Raigad ]
[Deleted] ] ...Respondents.
------------
Mr. A.R. Patil, AGP for the Appellant-State.
Mr. Sanjay Palshikar i/b S. S. Kulkarni for the Respondents.
------------
Coram : Sharmila U. Deshmukh, J.
Date : February 24, 2025.
Patil-SR 2 of 5
63 fa 738-1994 & Xobt.doc
Judgment :
1. First Appeal is at the instance of State Government challenging
the Judgment and Award dated 2 nd July 1993 passed by the Reference
Court partly allowing the Reference filed under Section 18 of the Land
Acquisition Act, 1894 and granting compensation @ Rs.19/- per square
meter along with statutory benefits. Cross-Objection has been
preferred by the original Claimants seeking enhancement of the
compensation granted by Reference Court.
2. Considering that the issue now stands settled by the Apex Court,
so far as the village Rodpali is concerned, both the First Appeal as well
as the Cross-Objection can be disposed of by this common Judgment.
3. The Claimants' land is situated at village Rodpali, Taluka Panvel,
District Raigad which was acquired for New Bombay Project.
Notification under Section 4(1) of the Land Acquisition Act, 1894 was
issued on 3rd February 1970. Award came to be passed by the Special
Land Acquisition Officer granting compensation @ Rs.2/- per square
meter which was accepted by the Claimants under protest. Being
aggrieved by the amount of compensation granted by SLAO, Reference
came to be filed under Section 18 of the Land Acquisition Act, 1894. By
the impugned judgment and award, Reference Court awarded
compensation @ Rs.19/- per square meter along with statutory
benefits.
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63 fa 738-1994 & Xobt.doc
4. Learned Counsel for the original Claimants as well as learned
AGP would submit that the acquired land was situated in village
Rodpali and the rate of compensation has been settled by the Apex
Court in the case of Saibhi Mohammed Yusuf Abdul Hamid Mulla v
Land Acquisition Officer [(2012) 7 SCC 595]. They jointly submit that
the Apex Court has awarded compensation @ Rs.25/- per square meter
for the lands acquired from village Rodpali for New Bombay Project
and that the same rate would be applicable even to the Claimants' land
considering that the Claimant's is identically situated and is located in
village Rodpali and acquired under the same notification.
5. Perusal of the impugned judgment would indicate that
considering that at that time there was no Court award as regards
Village Rodpali, the Reference Court has determined the market value
of acquired land by considering the evidence on record at Rs.19/- per
square meter along with statutory benefits.
6. In the year 2012, the Apex Court has considered the issue of
grant of compensation for the lands acquired from the same village for
the same project, i.e., New Bombay Project. The Apex Court after
considering the location and potentiality, etc., of the acquired land has
held that the Claimants in that case are entitled to compensation @
Rs.25/- per square meter.
7. Considering that the rate of compensation has been fixed by the
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63 fa 738-1994 & Xobt.doc
Apex Court, the original Claimants in the present case are entitled to
the same rate of compensation for their acquired land. Accordingly the
following order is passed :
:ORDER:
(i) First Appeal is dismissed. Cross-Objection is allowed.
(ii) Judgment of the Reference Court is modified and the
compensation granted for the acquired land is enhanced to
Rs.25/- per square meter together with statutory benefits.
(iii) Decree be drawn up accordingly.
8. In view of the disposal of First Appeal and Cross-Objection,
nothing survives for consideration in the pending civil/interim
applications and the same stand disposed of.
[Sharmila U. Deshmukh, J.]
Patil-SR 5 of 5
Signed by: Sachin R. Patil
Designation: PS To Honourable Judge
Date: 25/02/2025 19:52:46
