HMK 25. FA-169-2003 & Ors.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 169 OF 2003 WITH FIRST APPEAL NO. 1465 OF 2003 WITH FIRST APPEAL NO. 1463 OF 2003 WITH FIRST APPEAL NO. 1462 OF 2003 WITH FIRST APPEAL NO. 1461 OF 2003 WITH FIRST APPEAL NO. 1459 OF 2003 WITH FIRST APPEAL NO. 1458 OF 2003 WITH FIRST APPEAL NO. 326 OF 2003 WITH FIRST APPEAL NO. 255 OF 2003 WITH FIRST APPEAL NO. 254 OF 2003 WITH FIRST APPEAL NO. 252 OF 2003 WITH FIRST APPEAL NO. 158 OF 2003 1 of 4 HMK 25. FA-169-2003 & Ors.doc The State of Maharashtra, Through The Special Land Acquisition Officer ...Appellant Versus Aminabibi Mainuddin Mulla (Deceased), Through Legal Heirs, A. Asif Moinuddin Mulla (Son) & Ors. ...Respondents __________________________________________________________________ Mr. A. R. Patil, Additional G.P. for the Appellant-State. Mr. Sanket Thakur for Respondent in Appeal and for Applicant in all Applications. __________________________________________________________________ CORAM : S. M. MODAK, J. DATED : 24th SEPTEMBER 2026 P. C. : 1. Time to carryout amendment permitted on the last date is extended by a period of two weeks. 2. Today the Appeals are fixed for hearing the learned Advocate for the Respondents on the point of furnishing bank guarantee. 3. Today the learned Advocate for the Respondent has produced copies of various bank guarantees issued by the Union Bank of India addressed to Civil Judge Senior Judge (CJSD), Alibag. They are 12 in number. They are for different amounts. LAR Numbers are also mentioned in those bank guarantees. Even the learned Advocate for the Respondent has produced a chart giving the relevant details is taken on record and marked as annexure “X”. 2 of 4 HMK 25. FA-169-2003 & Ors.doc 4. It is true that, the Reference Court has enhanced the compensation to Rs. 90/sq. mtr. However, the Hon’ble Supreme Court in the case of Sabhia Mohammed Yusuf Abdul Hamid Mulla (D) by L.Rs. & Ors. vs. Special Land Acquisition Officer & Ors.1 has fixed the rate Rs. 25/sq. mtr. in respect of the land situated at Roadpali, District Raigad. The concerned Notification is dated 03rd February, 1970. In all these Appeals filed by the State, the same Notification is involved and all the lands are from Village Roadpali, District Raigad. 5. Learned Advocate for the Respondent submitted that same rate be considered in all these Appeals. This is acceptable to the learned Additional Government Pleader (AGP). 6. In view of that, all the Appeals can be disposed of by passing following directions :- O R D E R a) The Judgment dated 16th April, 2001 passed by the Court of Joint Civil Judge, Senior Division, Alibag in LAR No. 1344 of 2000 is modified as follows :- b) The opponent is directed to pay compensation @ Rs.25/sq. mtr. to the Claimants. c) The Reference Court is directed to redetermine amount of solatium, additional benefits and interest as per law. 1 (2012) 7 SCC 595 3 of 4 HMK 25. FA-169-2003 & Ors.doc d) Both parties are directed to appear before the Reference Court on 19th October, 2026 and submit their calculations. e) Considering the rate fixed above, the following directions are issued :- i) The amount in excess of Rs. 25/sq. mtr. has to be returned by the Respondents and have to be deposited with the Reference Court along with interest to be decided by the Reference Court. f) If the Respondents have not withdrawn the amount, then the Reference Court is directed to pay the amount @ Rs. 25/sq. mtr. to the concerned Respondents. g) The Reference Court is at liberty to pass appropriate directions for liquidating the bank guarantees, and if required, is at liberty to give directions to the Bank to deposit the amount in the Court and then pass necessary orders. h) It is made clear that the bank guarantees not to be liquidated unless and until the amount of compensation is redetermined and adjustment is made. 7. Appeals are disposed of in above terms. [ S. M. MODAK, J. ] 4 of 4