1 fa481,603-89 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO.481 OF 1989 The State of Maharashtra ] .. Appellant (Orgi. Opponent) V/s. Bhalchandra Tukaram Patil ] (Since deceased through his LR's) ] 1(a) Bebibai Balchandra Patil, ] (Since deceased) ] 1(b) Vikas B. Patil, ] (Since deceased through his LR's) ] 1(b)(i) Usha Vikas Patil ] 1(b)(ii)Tushar Vikas Patil ] 1(c) Naresh Bhalchandra Patil ] 1(d) Kumudini Bhagwan Patil ] 1(e) Vidyadhar Bhalchandra Patil ] All R/o. Shirvane, Talulka ] & District Thane. ] 2. Madhukar Tukaram Patil ] 3. Shridhar Tukaram Patil ] 4. Pralhad Tukaram Patil ] 5. Chandrabai Tukaram Patil ] (since deceased through her LR's ] .. Respondents already are on record as respondent] (Orig. claimants) Nos. 1c to 1e and 2 to 4.) ] ALONGWITH FIRST APPEAL NO.603 OF 1991 The State of Maharashtra ] .. Appellant (Opponent) 2 fa481,603-89 V/s. Smt. Nagubai Vithal Patil ] (Since deceased through her LR's) ] 1(a) Gajanan Vithal Patil ] 1(b) Rohidas Vithal Patil ] 1(c) Balram Vithal Patil ] All R/o. Pitruchaya Building, ] Flat No.651/652, Sector No.9, ] Dr. Dodechevar, Shirvanegaon, ] .. Respondents Thane-Belapur Road, Navi Mumbai.] (Orig. claimants) ..... Mr. A. R. Patil, AGP for the appellant – State. Mr. K. N. Kore for the respondents. ..... CORAM : A. S. OKA, J. DATE : APRIL 7, 2011. ORAL JUDGMENT :- These Appeals can be disposed of by a common Judgment. The Challenge in the Appeals is to the Awards made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the “said Act”). The acquired lands are situated at village Shirvane, Taluka and District Thane which were notified for acquisition under Section 4(1) of the said Act issued on 4th February, 1970 for the public purpose of setting up of satellite city of New Bombay. Awards under section 18 of the said Act were made in the year 1986. The 3 fa481,603-89 market value was offered at the rates of Rs.6.50 and at Rs. 7/- per square meters. The Respondents claimants did not accept the said market value and hence, at their instance, references under Section 18 were made. By the impugned Awards, the reference Court has fixed the market value at the rate of Rs.15/- per square meter. Apart from the market value, statutory benefits under Section 23 (1-A), 23(2) and 28 of the said Act have been granted. 2. The learned AGP appearing for the appellants has taken to the Court through the evidence of one Gajanan Vithal Patil and the impugned judgment in First Appeal No.603 of 1991. His submission is that the claimants have not discharged the burden of establishing that the market value offered under Section 11 of the said Act was inadequate. He submitted that there was no evidence adduced of any comparable sale instances by the claimants. His submission is that in absence of such evidence, the enhancement in the market value could not have been granted. He pointed out that there is an error committed by the learned District Judge by granting solatium of 30% on the component of market value as well as on interest under Section 23 (1-A).The learned counsel appearing for the 4 fa481,603-89 respondents-claimants supported the impugned judgments and awards. 3. I have given careful consideration to the submissions. The acquisition is for the purpose of setting up satellite city of New Bombay. In the case of Avinash Dhavaji Naik V/s. State of Maharashtra [(2009) 11 SCC 171], the Apex Court has taken a Judicial notice of the fact that the lands situated in 96 villages in Thane and Raigad Districts were notified for acquisition in or about the year 1970 for the same public purpose of setting up satellite city of New Bombay. The Apex Court in the said case was dealing with an Appeal arising out of an Award made under Section 18 of the said Act relating to a land in village Wahal in Taluka Panvel, District Raigad. The Apex Court was dealing with the lands in village Wahal in which in the year 1970, there was no electricity supply. The Apex Court noted that there were no sale transactions in the said village on account of fact that vast tracts of lands were notified for acquisition. The Apex Court held that for the purposes of determination potentiality of the lands for the purpose of development, the Court may not only have to bear in mind the 5 fa481,603-89 purpose for which the lands are sought to be acquired but also the subsequent events to some extent. The Apex Court fixed the market value of the lands in village Wahal at Rs. 10/- per sq.meter. 5. The learned trial Judge has relied upon a decision in land acquisition Reference No.41 of 85 in respect of lands at village Sharvane which were notified on the same date for the same public purpose. 6. It must be noted here that as there was acquisition of such vast tracts of lands in 96 villages, large number of Appeals were preferred to this Court and this Court has decided the Appeals laying down rates of the market value in respect of various villages out of 96 villages. The lands in most of the 96 villages were undeveloped agricultural lands on the relevant date. In the context of this factual matrix, it is necessary to make a reference to the evidence on record regarding the nature of village Shiravane. On perusal of a true copy of the development plan of New Bombay produced by the learned AGP for the perusal of the Court , a Judicial notice can be taken of the fact that in the area which was designated as the twin city of 6 fa481,603-89 New Bombay, there were major roads such as Thane-Belapur Road, old Belapur-Panvel Road, old Bombay-Pune Highway etc. The northern part of the said designated area falling in the Thane District was bifurcated by the Thane-Belapur Road. The son of the claimant in the Appeal No.603 of 1991 stepped into the witness box. He stated that the village Shirawane was at the junction of Thane- Belapur Road and Bombay-Pune Road. He stated that village Shirveane was at a distance of 2 kilometers from Vashi which was converted into central business district of New Bombay. He stated that since the year 1964, there were amenities like electricity supply, water supply and dispensary in the village. It is stated that there was already an acquisition of the lands in the village for the public purpose of setting up industrial estate of the Maharashtra Industrial Development Corporation. In the examination-in-chief, the witness stated that after 1964, big industries like Herdilia, London Pilsner, Tata Press etc., were established near the village. In the cross- examination, the witness stated that he was unable to state the definite year of establishment of the said factories in the vicinity of the said village. However, he stated in the cross-examination that there were 40-50 factories is in existence in the vicinity of the 7 fa481,603-89 acquired land before 1970. 7. The perusal of a true copy of the development plan of New Bombay produced by the learned AGP for the perusal of the Court shows that the village Shirvane is adjacent to the Thane-Belapur and and it is close to the Junction of Thane-Belapur road and old Thane- Pune road. The said village is on the eastern side of Thane-Belapur road and on the western side of Sion-Panvel Highway. Village Sanpada is on the western side of the Thane-Belapur road. The said road separates the villages Sanpada and Shirawane. It must be noted here that in the First Appeal No.1201 of 1989 (State of Maharashtra V/s. Gajanan B. Thakur and Other connected matters) decided on 4th April, 2006, this Court dealt with Awards made under Section 18 of the said Act in relation to the lands at village Sanpada which were notified for the same public purpose on 10th October, 1968 and 4th February, 1970. This Court relied upon a decision of the Division Bench in respect of Awards made under Section 18 of the said Act situated at village Turbhe wherein the market value was fixed at the maximum rate of Rs.18 per square meters. This Court noted that village Turbhe and Sanpada were abutting each other. 8 fa481,603-89 After considering all the relevant aspects, this Court came to the conclusion that the market value of the lands acquired for the same public purpose situated in village Sanpada may be slightly more than Rs.15 per square meters. Both the villages Sanpada and Shirvane are adjacent to the Thane-Belapur road. The perusal of the development plan of New Bombay produced by the learned AGP shows that the village Sanpada is on the western side of the Thane-Belapur road and village Shirvane is on the eastern side of the Thane-Belapur road. On the western side of Sanpada, there is a village known as Sonkhar which is abutting village Sanpada. The village Sonkhar is far away from Thane-Belapur road. This Court has fixed the market value at the rate of Rs.12/- per square meters in respect of the lands in the said village notified on 4th February, 1970 for the same public purpose. 8. It is well settled that determination of market value under Section 23 of the said Act involves an element of guess work. Looking to the decisions of this Court to which a reference has been made earlier and the unchallenged oral evidence regarding the amenities in village Shirvane, it can be certainly said that the market 9 fa481,603-89 value of the acquired land fixed at the rate of Rs.15/- per square meters is just and proper and no interference is called for. 9. However, it must be noted that in case of both the impugned Judgments and Awards, the trial Court has purported to grant 30% solatium under Section 23(2) of the said Act on the market value as well as interest component under Section 23(1-A) of the said Act. Solatium is payable only on the market value and not on component of interest under section 23(1-A). To that extent, the impugned award will have to be modified. 10. Hence, I pass the following order : :: O R D E R :: i. The market value fixed by the trial Court at Rs.15/- per square meters is confirmed. ii. The claimants will be entitled to statutory benefits under Section 23(1-A) 23(2) and 28 of the Land Acquisition Act, 1894. It is clarified that solatium under 10 fa481,603-89 Section 23(2) of the said Act at the rate of 30% will be payable only on the component of market value of the land and not on the component of interest under Section 23 (1-A) of the said Act. To that extent the impugned Awards are modified. iii. The Reference Court will to determine the compensation payable in terms of the modified Awards. iv. The respondents-claimants will be entitled to proportionate costs to the Reference. vi. Appeals are partly allowed on the above terms with no orders as to costs. JUDGE