S. C. Dharmadhikari, J. - (1.)This appeal from order is already admitted by this Court on 30th July 2012. At that stage, following order was passed.
Admit. Hearing of the appeal is expedited and peremptorily fixed on 13th August 2012. Mr. A.R. Patil waives service of notice of final hearing on respondent Nos. 1 to 8.

The Civil Application No. 927 of 2012 for interim relief was placed for orders before me and with the consent of the learned Advocates appearing for parties, the appeal itself is heard and disposed of at this stage. Accordingly, I have heard the learned Counsel Mr. Godbole for appellants and learned Advocate General for respondents.

This appeal from order challenges the order passed by the trial court below Exh. 5 dated 3rd July 2012 in Special Civil Suit No. 85 of 2012. That special civil suit has been filed in the trial court by the plaintiffs against the State of Maharashtra and its officials. That is alleging that the appellants-plaintiffs, who shall be hereinafter referred to as plaintiffs, are owners of Gat No. 16, Survey No. 70A/1/1/B admeasuring 11.34 Rs. situate at Kalambe village Taluka Shahapur, Dist. Thane and more particularly described in para. 1 of the plaint. In para. 2 of the plaint, the allegation is that the suit property i.e. Gat No. 16 bearing S. No. 70A/1/1/B admeasuring 11.34 Rs. was earlier part of S. No. 70. The area of S. No. 70 was 48 acres 23 gunthas. The said S. No. 70 was further divided into 70A, 70B and 70C. The said sub-division was admeasuring as 70A (48 acres 11 gunthas), 70B (10 Gunthas-Khan) and 70C (2 Gunthas-Khan). Survey No. 70A/1 was part of S. No. 70A and area of said S. No. 70A/1 was 48 acres and 2 gunthas. Division of S. No. 70A/1 was 70A/1/1 and 70A/1/2. S. No. 70A/1/1 was further divided into 14 parts i.e. 70A/1/1/1 to 70A/1/1/14. Out of this sub-division S. No. 70A/1/1/13 was sub-divided into 70A/1/1/13 and 70A/1/1B. Survey No. 70A/1 was divided into two separate Survey numbers viz., S. No. 70A/1/1 (47 acres 33 gunthas) and S. No. 70A/1/2 (0 acres and 9 gunthas). Survey No. 70A/1/1 was further subdivided into 14 hissas as follows:-

Above mentioned areas are as per the Aakar Phod Patrak/Kami Jast Patrak of S. No. 70A/1/1. It is pertinent to note that area of S. No. 70A/1/1 Hissa 13 is 2 acre 14 gunthas i.e. 94 gunthas i.e. 95.01 R.

It is further submitted that, the land bearing S. No. 70A/1/1 Hissa No. 13 situated at Village Kalambe was owned by Smt. Posanibai Sayana Chintam and Smt. Kuktabai P. Chintam. In the year 1942 said land owners through Shri Pottana applied for the permission for non agricultural user of S. No. 70A/1/1 Hissa No. 13. By an order dated 31st March 1942 Mamlatdar, Shahapur was pleased to grant permission for non agricultural use in C.T.S. No. 73A Hissa No. 13 (S. No. 70A/1/1 Hissa No. 13) on the conditions specified in the said order viz., (I) residential building should be constructed in the land admeasuring 444 sq.yards 4 sq.ft. and latterine admeasuring 6 sq.yards 6 sq.ft. as shown in the sketch prepared by Circle Inspector on 2nd February 1942 and signed by the applicants -- appellants. Area admeasuring 904 sq.yds 4 sq.ft. was directed to be kept open and on other conditions stated in the said order.

(2.)It is submitted that in furtherance of N.A. order, measurement was carried out. As per that measurement, the non agricultural use was permitted and shown as 1365 sq.yds i.e. 11 gunthas and 3 Rs. viz., 11.35 Rs. The plaintiffs relied upon a map dated 30th December 1957. The allegation is that in terms of this N.A. order and the measurement of 1957, "Kami Jast Extract" was prepared showing the details of area of S. No. 70A/1/1 Hissa No. 13. The land admeasuring 0 Acre 11 gunthas and 3 aane i.e. 11.20 gunthas was separately shown as S. No. 70A/1/1B, a copy of this extract is also produced on record. In short the case is that S. No. 70A/1/1 was further divided into two parts namely 70A/1/1/13 and S. No. 70A/1/1B. That description was also given in the plaint at para. 4. The undisputed position emerging from the record is that the Dist Judge, Thane on 5th January 1988 sent a proposal for acquisition of land from Village Kalambe Taluka Shahapur for construction of Court Building and residential quarters. This application/proposal was forwarded by Additional Collector to Special Land Acquisition Officer with a direction to start acquisition proceedings under Land Acquisition Act, 1894.
(3.)I need not refer to in extenso to the notification under section 6 and the details pertaining thereto inasmuch as it is stated in the plaint itself that an award was made in respect of the land bearing S. No. 70A/1/1 Hissa No. 13 and the area of land under acquisition was declared as 83.77 Rs. There is a reference made by both parties to the Award dated 8th March 1992, a copy of which is produced on record.