1 fa549withxob ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.549 OF 1999 WITH CROSS OBJECTION ST.NO.18895 OF 2005 State of Maharashtra through the Special Land Acquisition Officer ...Appellant vs. Sarpanch, Group Gram Panchayat, Karanjade ...Respondent Mr.A.R.Patil for the appellant Mr.Rajiv Patil for the respondent CORAM : A.S.OKA,J. DATE : MARCH 16,2011 ORAL JUDGMENT : 1 The challenge in this First Appeal is to the Judgment and Award dated 19th January 1998 passed by the learned Joint District Judge in a reference under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The challenge in this appeal is to the Judgment and Award passed in Land Acquisition Reference no.528 of 1987 which was decided along with the companion Reference no.529 of 1987. 2 The acquisition relates to the land admeasuring 9500 sq. meters at village Karanjade, Taluka Panvel, District Raigad. . The said land was notified under section 4(1) of the said Act on 3rd February 1970 for the public purpose of setting up satellite city of Navi Mumbai. The Award made under section 11 of the said Act was not accepted by the respondent-claimant and at its instance, the reference was made under section 18 of the said Act. The claim made in the reference was for grant of market 2 fa549withxob value at the rate of Rs.15/- per sq. meter. By the impugned Award, the Reference Court has fixed the market value at the rate of Rs.12/- per sq. meter and has granted statutory benefits under Sections 23 (1-A), 23(2) and 28 of the said Act. There is a cross objection filed by the respondent-claimant in which the market value is claimed at the rate of Rs.25/- per sq.meter. 3 The learned A.G.P for the appellant in support of the appeal submitted that the market value granted by the Reference Court is excessive and there is no evidence adduced of the comparable sale instances. 4 The learned counsel for the respondent-claimant placed reliance on the decision of this Court in First Appeal no.30 of 1993 [State of Maharashtra Vs. Ismail Abdul Rehman Navadekar (since deceased through L.Rs.) decided on 21st April 2006 as well as decision of this Court dated 4th December 2007 in First Appeal No.731 of 1991 and 733 of 1991 [Bhagirathi Tukaram Mhatre (since deceased by her L.Rs.) vs. Special Land Acquisition Officer] decided on 4th December 2007. He submitted that in view of the said decisions, the respondent is entitled to enhancement in market value. 5 I have given careful consideration to the submissions. It is not in dispute that the lands situated in 96 villages in Districts of Thane and Raigad were notified under section 4(1) of the said Act from the year 1967 to 1972 for the same public purpose. In the aforesaid First Appeal nos.30 of 1993 and 731 and 733 of 1991, this Court dealt with the Awards made in References under section 18 of the said Act in relation to the lands at village Karanjade which were notified on 3rd February 1970 for the same public purpose. After considering the 3 fa549withxob evidence on record and evidence of the valuer, in First Appeal no.30 of 1993, this Court has fixed the market value of the acquired land at the rate of Rs.13/- per sq. meter. This Court was dealing with land at the distance of 1760 meters from Bombay Pune National Highway and 5120 meters from Sion Panvel Highway. 6 In First Appeal nos.731 and 733 of 1991 this Court relied upon the decision in First Appeal no.30 of 1993. This Court was dealing with the case where the distance between the acquired lands and Sion-Panvel Highway was 5100 meters and the lands were at the distance of 320 meters from Panvel-Uran Road. Even in the said case, the market value was fixed at the rate of Rs.13/- per sq.meter. Thus, in case of lands in the said village which were situated far away from the Sion-Panvel National Highway, the market value of the land was fixed at the rate of Rs.13/- per sq. meter. Perusal of the findings recorded by the trial Court shows that the acquired land subject matter of the present appeal is at the distance of 4200 meters from the Sion-Panvel Highway and is at the distance of 1400 meters from Panvel Uran Road. Therefore, in view of the aforesaid decisions of this Court, the market value will have to be fixed at the rate of Rs.13/- per sq.meter. There is no dispute about the grant of statutory benefits. 8 Hence, I pass the following order : i) First Appeal no.549 of 1999 is dismissed with no order as to costs. ii)Cross objection st. no.18895 of 2005 is partly allowed. iii)The total market value of the acquired land is fixed at the rate of Rs.13/- per sq. meter 4 fa549withxob (inclusive of market value offered under section 11 of the said Act). The award relating to statutory benefits is confirmed. iv)The respondent will be entitled to proportionate costs of the Reference as well as the cross objection. v) The trial Court shall determine the compensation payable in terms of the modified award within a period of three months from the date of receipt of the writ of this Judgment. vi)The additional compensation shall be deposited within a period of three months from the date of determination of the amount. JUDGE