C. K. Thakker, J. - (1.) Leave granted.
(2.) This appeal by special leave is directed against the judgment and order dated July 3, 2001 in First Appeal No.758 of 1988 by the High Court of Judicature at Bombay partly allowing the appeal of the claimants for grant of enhanced compensation.
(3.) The brief facts of the case are that the respondent-claimant, the Indian Standard Metal Company Limited ("Company" for short) owned various pieces of land admeasuring about 21 hectares and 31.5 acres (2,13,150 Sq.Mtrs.) located at village Wadghar in Taluka Panvel of District Raigad in Maharashtra. Those lands were acquired by the State Government for New Bombay Project by issuing notification dated February 3, 1970 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) which was published in Government Gazette on February 4, 1970. Corrigendum dated September 5, 1970 was published in Government Gazette on September 7, 1970. Thereafter, notification under Section 6 of the Act was issued on October 25, 1972 which was published in Government Gazette on December 7, 1972. Notices under Sections 9(1) and 9(2) of the Act were issued on May 10, 1973 and were published in Government Gazette on May 21, 1973 and May 10, 1973 respectively. Individual notices under Sections 9(3) and 9(4) were also issued on October 10, 1975 which came to be served on respondent-Company on October 16, 1975. Respondent-Company claimed compensation @ Rs. 20/- per square yard for non-agricultural land and @ Rs. 15/- per square yard for agricultural land. The Special Land Acquisition Officer, Metro Centre No.1, Panvel passed an award under Section 11 of the Act on February 22, 1985 and fixed the market value of the land including trees, construction, solatium and additional compensation etc. as Rs. 7,40,832.67 ps. thereby fixing the market value of the land at Rs. 1.10 ps. per sq. mtr. An amount of Rs. 7,40,832.75 was paid to the claimants on February 25, 1985 and possession of the entire land was taken over.;