: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.467 OF 1991 FIRST APPEAL NO.467 OF 1991 FIRST APPEAL NO.467 OF 1991 WITH WITH WITH CROSS OBJECTION (ST.) NO.3943 OF 1992 CROSS OBJECTION (ST.) NO.3943 OF 1992 CROSS OBJECTION (ST.) NO.3943 OF 1992 The State of Maharashtra, . Thru’ The Special Land Acquisition . Officer, Panvel, Dist. Raigad ...Appellant V/s. Pandurang Muka Khanavkar, Deceased, . Thru’ 1-A) Narmada Pandurang Khanavkar . 1-B) Suresh Pandurang Khanavkar . 1-C) Shashikant Pandurang Khanavkar . 1-D) Ravindra Pandurang Khanavkar . All R/at Navade, Tal. Panvel . District Raigad . 1-E) Sunanda naresh Madhvi . R/at Jui Shikhane, . Belapur, Thane . 1-F) Bharati Hanuman Mali, . R/at Bhopar Dombiwali, . District Thane ...Respondents Ms.G.P. Mulekar, AGP, for the Appellant. Mr.Rajiv L. Patil, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 13TH FEBRUARY, 2008. DATE : 13TH FEBRUARY, 2008. DATE : 13TH FEBRUARY, 2008. ORAL JUDGMENT :- ORAL JUDGMENT :- ORAL JUDGMENT :- 1. Heard Advocates appearing for the parties. The challenge in the Appeal is to the Judgment and Award dated 28th February, 1990 in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). : 2 : 2. The acquisition relates to land bearing Survey No.162, Hissa No.1, admeasuring 3660 sq.meters situated at Village Navade, Taluka Panvel, District Raigad. The land was notified on 3rd February, 1970 under Section 4 of the said Act for the public purpose of setting up of satellite city of Navi Mumbai. 3. An Award under Section 11 of the said Act was made on 9th July, 1986 by which market value at the rate of Rs.1.75 per sq.meter was offered to the respondent. At the instance of the respondent, Reference under Section 18 was made. By the impugned Judgment and Award, Reference Court has granted market value at the rate of Rs.10/- per sq.meter. The claim in Reference made by the respondent was at the rate of Rs.30/- per sq.meter. By filing Cross-Objection, the respondent is seeking additional compensation at the rate of Rs.20/- per sq.meter. 4. The submission of the learned AGP for the appellant is that the acquired land at Village Navade was agricultural land which is situated far away from the developed area of Panvel. She submitted that considering the evidence of the expert valuer examined by the respondent, it is obvious that rate of Rs.10/- : 3 : per sq.meter fixed by the Reference Court is on the higher side. She submitted that there was no evidence adduced of comparable sell instances. The learned Advocate for the respondent placed reliance on various decisions of the Division Bench as well as learned Single Judges of this Court and submitted that market value of at-least Rs.25/- per sq.meter deserves to be awarded. In reply, the learned AGP submitted that none of the said decisions will apply in the present case. 5. I have considered the submissions made by the learned Advocates appearing for the parties. My attention has been invited to the Judgment and Order dated 16th September, 2004 in the First Appeal No.423 of 1996 and other connected First Appeals. The Division Bench of this Court dealt with the Appeals arising out of Awards made under Section 18 of the said Act of 1894 in respect of lands at Village Navade which were notified under the same notification for the same public purpose. The Division Bench referred to the decisions of the other two Division Benches where market value of the land situated at Village Navade was fixed at the rate of Rs.25/- per sq.meter. The Division Bench was dealing with the case where acquired land was at a distance of 200 meters from : 4 : Bombay-Pune National Highway. My attention has been also invited to a decision of the learned Single Judge of this Court dated 28th March, 2005 in First Appeal No.68 of 1992 and other connected First Appeals where learned Single Judge fixed market value at the rate of Rs.30/- per sq.meter in respect of a land at Village Navade which was notified under the same notification. However, the learned Single Judge was dealing with the case where the acquired land was abutting the highway. My attention has been also invited to a decision of this Court in First Appeal Nos.54 of 1992 and 595 of 1991 dated 27th February, 2007. This Court was dealing with acquisition of land at Village Navade which was notified under the same notification. The said land was at a distance of 750 meters from the Bombay-Pune National Highway. Considering the aforesaid two Judgments of this Court, this Court fixed the market value at the rate of Rs.24/- per sq.meter. 6. It is an admitted position that large tracts of lands at Villages Panvel, Pendhar, Taloja, Navade and other villages in Taluka Panvel of District Raigad were notified for acquisition on 3rd February, 1970 for the same public purpose of setting up of a satellite city of Navi Mumbai. Almost all the lands : 5 : in the said Villages were agricultural lands on the relevant date. In the circumstances, the aforesaid decisions of this Court are certainly relevant for determining the market value of the acquired land. In the decision in First Appeal No.54 of 1992 and First Appeal No.595 of 1991, this Court observed that even in case of a land at Village Navade which is at a distance of 500 meters from the Highway, market value at the rate of Rs.25/- per sq.meter has been awarded. Therefore, in the said decision where acquired land was situated at a distance of 750 meters from the said highway, this Court has fixed the market value at the rate of Rs.24/- per sq.meter. 7. In the present case, there is a report of one Jeevan Narayan Kulkarni, a valuer, which is at Exhibit-27. The said report has been duly proved by examining the said valuer. In the said report it is disclosed that the distance of the acquired land subject matter of this Appeal from the Highway is 800 meters. There is hardly any cross-examination on the said aspect of the said expert valuer. Therefore, considering the Judgment of this Court in First Appeal No.54 of 1992, market value of the acquired land deserves to be fixed at the rate of Rs.24/- per sq.meter. The learned Trial Judge has not granted : 6 : interest @ 15% p.a. as provided in section 28 of the said Act of 1894. The Award needs correction in that behalf. 8. Hence, I pass following order :- "O R D E R" "O R D E R" "O R D E R" (a). First Appeal No.467 of 1991 is dismissed with no orders as to costs. (b). Cross Objection (St.) No.3943 of 1992 is partly allowed. The impugned Judgment and Award dated 28th February, 1990 is modified by directing that the claimants will be entitled to market value at the rate of Rs.24/- per sq.meter. (c). The claimants will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (d) It is clarified that the claimants will be entitled to interest under Section 28 of the said Act @ 9% p.a. and 15% p.a. as : 7 : provided in the statute. (e). The claimants will be entitled to proportionate costs of the Reference as well as Cross-Objection from the State of Maharashtra. (f). The exercise of calculating the amount payable under the modified Award shall be completed by the Trial Court within a period of four weeks from the date of receipt of writ of this order. (g). Writ to be sent down expeditiously. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]