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2026 DAILYLAW 17805 (BOM)

ABDUL MOHAMAD SADIK SUBHEDAR and ORS. v. THE STATE OF MAHARASHTRA

FA/692/2002 · 2026-10-08

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Judgment text

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LSP 1 16 fa 692.2000-455.02.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION First Appeal No. 692 of 2002 with First Appeal No. 455 of 2002 Abdul Mohamad Sadik Subhedar & Ors. … Appellants V/s. The State Of Maharashtra Through Special Land Acquisition Officer … Respondent Ms. Dhruti Datar i/b. Mr. Rajesh S. Datar Advocate for the Appellants 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 Ms. Datar for the Appellants and learned AGP in both the appeals. Both these appeals are for enhancement by the Claimants. The Reference Court has enhanced the rate to Rs.15/- per sq. meter, however, the Appellants are not happy and that is why these two appeals. 2. Learned Advocate Ms. Datar relied upon the order dated 28th February 2023 passed in First Appeal No.1849/2006 and other LATA SUNIL PANJWANI Digitally signed by LATA SUNIL PANJWANI Date: 2026.10.13 12:24:24 +0530 LSP 2 16 fa 692.2000-455.02.doc connected matters wherein this Court has considered the consent given by the District Collector (Acquisition) Metro Center No.3, Panvel for grant of Rs.23/- per sq. meter for the lands involved in the said appeal and that is how the first appeal was disposed of. Request is to pass similar order. Learned AGP has consented. 3. The lands in both these appeals are situated at Village Owe Taluka Panvel, Dist. Raigad. The lands were acquired for the purpose of establishing new Bombay Town as per the notification dated 3rd February 1970 issued under Section 4. There is no dispute about the date of notification involved in these appeals and disposed of appeal. There is no dispute about the location of the lands involved in both the matters. 4. In view of that both these appeals can be disposed of by enhancing the rate to Rs.23/- per sq. meter. Hence, the following order: ORDER (i) Both the Appeals are allowed. (ii) The State is directed to pay an amount of Rs.23/- per sq.meter towards the compensation for the lands which are acquired. (iii) Both the parties are directed to appear before the Reference Court i.e. the Court of Additional District Judge, Raigad on 26th October 2026 at 11.00 a..m. LSP 3 16 fa 692.2000-455.02.doc (iv) Both the parties are directed to put up their computation as per the enhanced rate. (v) The Reference Court is directed to re-determine the compensation as per the enhanced rate and also to re- determine the amount of solatium, additional component and interest. (vi) Once the Reference Court will determine the enhanced amount, then the State is directed to deposit that amount in Court within 12 weeks. 5. Both the appeals stand disposed of (S.M. MODAK, J.)