Avenue Hotels Private Ltd vs Mahanagar Gas Limited

CNR No : HCBM020322252026

2026:BHC-OS:24054
7-FA-388-2019+&.doc

Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 388 OF 2019
WITH
CROSS OBJECTION (ST.) NO.9666 OF 2019
The State of Maharashtra, through
the Special Land Acquisition Officer … Appellants
V/s.
Shri. Hemla Bama Petkar @
Bhingarkar(Deceased)
Shri. Bhau Hemla Pethkar & Anr. … Respondents
SAYALI
DEEPAK
UPASANI
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2026.11.05
11:04:24 +0530
AND
FIRST APPEAL (ST) NO. 31327 OF 2023
WITH
INTERIM APPLICATION NO. 8699 OF 2026
WITH
INTERIM APPLICATION NO. 8711 OF 2026
The State of Maharashtra, through
the Special Land Acquisition Officer … Appellants
V/s.
Laxman Kamalya Mundkar
(Deceased) Through His Legal
Heirs- 1/A) Bayobai Laxman
Mundkar (Deleted) … Respondent
AND
FIRST APPEAL NO. 505 OF 2025
WITH
CROSS OBJECTION (ST) NO.7379 OF 2025
WITH
INTERIM APPLICATION (ST) NO.33378 OF 2026(NOB)
WITH
INTERIM APPLICATION (ST) NO.22344 OF 2025(NOB)
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WITH
INTERIM APPLICATION NO.10741 OF 2025
The State of Maharashtra, through
the Special Land Acquisition Officer … Appellants
V/s.
Smt.Bayobai Kana Patil
(Deceased) Tahrough Lrs. Shri.
Bhau Kana Patil And Ors. … Respondent
AND
FIRST APPEAL NO. 542 OF 2025
WITH
CROSS OBJECTIONS (ST) NO. 8046 OF 2025
The State of Maharashtra, through
the Special Land Acquisition Officer … Appellants
V/s.
Shri. Changa Laxman Keni
(Deceased) Through Lrs. Smt.
Pramila Changa Keni And Ors … Respondent
AND
FIRST APPEAL NO. 807 OF 2025
The State of Maharashtra, through
The Dy. Collector Land Acquisition
Raigad and Others … Appellants
V/s.
Madan Mahadev Keni And Ors. … Respondent
WITH
FIRST APPEAL NO.769 OF 2025
Madan Mahadev Keni & Ors. … Appellants
V/s.
The State of Maharashtra, through
The Dy. Collector Land Acquisition
Raigad and Others … Respondent
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AND
FIRST APPEAL NO. 1173 OF 2026
The state of maharashtra thr.
The special land acquisition
Officer, raigad
… Appellants
V/s.
Dharmubai dhaya keni and ors. … Respondent
AND
FIRST APPEAL NO. 1974 OF 2025
Dharmubai Dhaya Keni & Ors. … Appellants
V/s.
The State of Maharashtra thr.
The special land acquisition
Officer, Raigad … Respondent
AND
FIRST APPEAL NO. 192 OF 2026
WITH
INTERIM APPLICATION NO. 8668 OF 2026
WITH
INTERIM APPLICATION NO. 8665 OF 2026
WITH
CROSS OBJECTION (ST) NO. 27417 OF 2026
WITH
INTERIM APPLICATION NO.8732 OF 2026 (NOB)
The State Of Maharashtra Thr.
The Dy. Collector (Land
Acquisition), Raigad And Anr
… Appellants
V/S.
Dipak Harishchandra Bhopi
And Ors … Respondent
AND
FIRST APPEAL NO. 798 OF 2026
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WITH
CROSS OBJECTION (ST) NO. 18921 OF 2026
The state of mharashtra (thr.
The special land acquisition
Officer) … Appellants
V/s.
Shri. Mahadu joma mundkar
(deceased) through his legal
Heirs shri. Tukaram mahadu
Mundkar and anr. … Respondent

AND
FIRST APPEAL NO. 816 OF 2026
WITH
CROSS OBJECTION (ST) NO. 19808 OF 2026
WITH
INTERIM APPLICATION NO. 1133 OF 2026
WITH
INTERIM APPLICATION NO.8732 OF 2026 (NOB)
The State Of Maharashtra
Through The Special Land
Acquisition Officer And Anr. … Appellants
V/S.
Shri. Gopinath Harisheth Wani
-Dead Through His Legal Heirs
-1-1)Shri. Vishnu Gopinath Wani
And Anr. … Respondent
AND
FIRST APPEAL NO. 1002 OF 2026
WITH
CROSS OBJECTION (ST) NO. 22815 OF 2026
WITH
INTERIM APPLICATION NO. 8698 OF 2026 (NOB)

The state of maharashtra … Appellants
Through the special land
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Acquisition officer and anr.
V/s.
Shri. Gopinath harisheth wani
-dead through his legal heirs
-1-1)shri. Vishnu gopinath wani
And ors … Respondent
AND
FIRST APPEAL NO.595 OF 2025
WITH
INTERIM APPLICATION (ST) NO. 31893 OF 2026
IN
FIRST APPEAL NO. 595 OF 2025

Vasant Nagu Dhamale Since
Deceased Through His Legal
Heirs 1a)Nagubai Vasant
Dhamale And Ors … Appellants
V/S.
The State Of Maharashtra
Through Special Land
Acquisition Officer … Respondent
Mr. A. R. Patil, Addl. G. P. for Appellant / Applicant -
State.
Mr. Sachin Punde a/w Ms. Deepa Punde, for
Respondents.

CORAM : AMIT BORKAR, J.
DATED : NOVEMBER 3, 2026
P.C.:
1. For the reasons stated therein, all the interim applications in
respective first appeal seeking amendment to bring on record heirs
and legal representatives of the respective claimant and the
interim applications seeking to amend the claim are allowed and
disposed off.
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2. Necessary amendments in the first appeals to be carried out
forthwith.
3. Deficit court fee, if any, to be paid by the concerned party
forthwith.
4. This Court, by its Judgment and Order dated 13 October
2026, decided several appeals arising out of the acquisition of
lands situated in the same village, including First Appeal No. 957
of 2026, titled The State of Maharashtra v. Shankar Laxman
Ghatge (deceased) through LRs and Others . In the said judgment,
this Court, after considering the evidence on record, the
submissions advanced by the respective parties and the principles
governing determination of market value under the Land
Acquisition Act, 1894, determined the market value of the
acquired lands situated at Village Wadghar, as on 24 September
1986, at Rs.1,725 per square metre.
5. The acquired land which is the subject matter of the present
First Appeal is also situated in Village Wadghar. The question of
determination of market value, therefore, arises in the context of
the same village and the relevant date of acquisition. This Court, in
its aforesaid judgment, has considered the location of the lands,
the transport facilities available in the vicinity, the proximity to
Panvel and the adjoining industrial areas, as well as the limitations
arising from the agricultural nature of the lands and the extent of
development existing on the date of acquisition. Upon an overall
assessment of these circumstances, this Court held that the rate of
Rs.1,725 per square metre represents the fair market value of the
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acquired lands as on the relevant date. In the absence of any
distinguishing circumstance warranting a different determination
in the present appeal, the Claimants are entitled to compensation
at the same rate. Accordingly, the market value determined by the
Reference Court deserves to be maintained to that extent, and the
State's challenge to the enhanced compensation cannot be
sustained. The Cross Objection filed by the Claimants deserves to
be allowed to the extent indicated below.
6. Hence, the following order is passed:
a) The market value of the acquired lands situated at
Village Wadghar and covered by the present proceedings is
fixed at Rs.1,725 per square metre as on 24 September
1986;
b) The compensation payable to the respective Claimants
shall be recalculated on the basis of the aforesaid market
value of Rs.1,725 per square metre;
c) The Claimants shall be entitled to the statutory
benefits, including solatium, the additional amount and
interest, in accordance with the applicable provisions of the
Land Acquisition Act, 1894. While calculating the balance
compensation payable, due credit shall be given to all
amounts already paid or deposited towards compensation;
d) The parties shall prepare and file before the concerned
Reference Court, within a period of four weeks from the date
of this order, the necessary calculations of compensation
payable to the respective Claimants. Such calculations shall
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be based on the market value determined by this Court, after
giving credit for the amounts already paid or deposited and
computing the statutory benefits in accordance with law;
e) The concerned Reference Court shall examine and
verify the calculations filed by the parties and pass
appropriate consequential orders determining the balance
compensation payable to the respective Claimants. Upon
such determination, the balance amount shall be released to
the Claimants in accordance with law;
f) The concerned Reference Court shall complete the
exercise of determining the modified compensation payable
to the respective Claimants within a period of three months
from the date of filing of the calculations contemplated in
clause (d) above;
g) The parties shall bear their own costs.
7. The First Appeals filed by the State Government, therefore,
stands dismissed. All cross-objections filed by the claimants are
allowed to the above extent.
8. All the First Appeals filed by the Claimants are allowed to
the above extent.
(AMIT BORKAR, J.)
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