Extracted from the PDF above. The PDF is authoritative.
LSP 1 27. FA-1061-2004.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION First Appeal No. 1061 of 2004
Babu Hiru Petkar … Appellant V/s. The State Of Maharashtra … Respondent Mr. Yogesh Rawool a/w. S.S.Redekar and Mrunmayee Phadke Advocate for the Appellant Mr. A.R. Patil Addl.G.P.for the Respondent- State.
CORAM : S.M. MODAK, J
DATE : 8th October 2026.
P.C. :
1. Heard learned Advocate for the LRs of the sole deceased- Appellant and learned AGP. Copy of order dated 14th December 2019 passed by panel of Lok Adalat is pointed out to me. Submission was recorded to offer a rate of Rs.18/- per sq. meter by the learned AGP. However, matter could not be disposed of as learned Advocate for the Appellant was not having the instructions from the LRs of the deceased-Appellant.
2. It is submitted that all the LRs of the deceased-sole Appellant who are brought on record are ready to accept the rate of Rs.18/- per sq. meter. LATA SUNIL PANJWANI Digitally signed by LATA SUNIL PANJWANI Date: 2026.10.12 15:17:45 +0530
LSP 2 27. FA-1061-2004.doc
3. The Reference Court as per the judgment dated 29th November 2001 passed in L.A.R. No.105/2000 has enhanced the rate to Rs.10/- per sq. meter. The land situated at Village Valavali, Tal. Panvel. The description of the land is given in Para No.1 of the
judgment. The notification under Section 4 of the Land Acquisition Act was issued on 3rd February 1970 for establishing New Bombay Township Project. The Special Land Acquisition Officer passed an Award in the year 1986. The appeal can be disposed of by issuing directions to the State to give rate of Rs.18/- per sq. meter.
4. In view of that following order is passed:-
ORDER (I) The Appeal is allowed. (ii) The State is directed to pay compensation at the rate of Rs.18/- per sq. meter. (ii) Both the parties are directed to appear before the Reference Court i.e.Joint Civil Judge, Senion Division, Alibag on 26th October 2026 at 11.00 a.m. (iii) Both the parties are directed to submit their computation of compensation. (iv) The Reference Court after hearing both of them is directed
LSP 3 27. FA-1061-2004.doc to re-determine the compensation at the rate of Rs.18/-per sq. meter a/w. solatium, additional component and interest.
(S.M. MODAK, J.)