-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.825 OF 1991 APPEAL NO.825 OF 1991 APPEAL NO.825 OF 1991 Waman Haribhau Patil ...Appellant vs. The Special Land Acquisition Officer Raigad ...Respondent WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1124 OF APPEAL NO.1124 OF APPEAL NO.1124 OF 1991 1991 1991 The State of Maharashtra ...Appellant vs. Waman Haribhau Patil ...Respondent Mr.S.P.Thorat for the Appellant in F.A.No.825/1991 and for the Respondent in F.A.No.1124/1991 Ms G.P.Mulekar A.G.P. for the Respondent in F.A.No.825/1991 and for the Appellant in F.A.no.1124/1991 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 10, 2008. : MARCH 10, 2008. : MARCH 10, 2008. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. These Appeal can be disposed of by a common Judgment and Order as the challenge in these two Appeals is to the same Judgment and Award dated 21st January 1991 passed by the III Additional District Judge, Raigad at Alibag in a reference under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as "the said Act"). 2. The acquisition relates to the land totally admeasuring 11,100 square metres situated at village Navade, Taluka -2- Panvel, District Raigad. The acquired lands were notified for acquisition under section 4 of the said Act on 3rd February 1970 for the public purpose of setting up a satellite city of Navi Mumbai. The Award under section 11 of the said Act was made on 15th July 1986. As the claimant did not accept the award, application under section 18 of the said Act was made by him claiming compensation of Rs.30/- per square metre. 3. By the impugned Judgment and Award, the learned reference court has fixed the market value at the rate of Rs.15/- per square metre. First Appeal No.825 of 1991 has been filed by the claimant seeking enhancement in market value. First Appeal No.1124 of 1991 has been preferred by the State of Maharashtra praying for quashing the said Award. 4. The submission of the learned A.G.P. appearing for the Appellant is that the market value fixed by the Reference Court is on the higher side and there was no evidence adduced by the claimant to substantiate the grant of market value at the rate of Rs.15/- per square metre. The learned Advocate for the claimant has placed reliance on the decision of a Division Bench of this Court dated 16th September 2004 by which the First Appeal Nos. 423 and 1534 of 1996 were decided. Reliance was also placed on a decision of this court dated 30th March 2007 in First Appeal No.572 of 1991 (State of Maharashtra Vs. Jama Mhatre & others). Placing reliance on -3- the said decisions, he submitted that the market value ought to have been fixed at the rate of Rs.25/- per square metre. 5. I have carefully considered the submissions. The claimant examined himself. The claimant also examined one Jeevan Narayan Kulkarni, a valuer as a witness. The report prepared by the said Jeevan Kulkarni was proved in his evidence and was marked as Exh.28. The said witness has deposed as regards the location of the acquired lands. According to him, the market value of the acquired land on the relevant date will be Rs.30/- per square metre. 6. It is not in dispute that large tracts of lands from village Navade and other adjoining villages in Taluka Panvel, District Raigad were notified for acquisition on 3rd February 1970 for the same public purpose of development of satellite city of Navi Mumbai. Some of the Appeals arising out of references under section 18 of the said Act relating to the acquisition of lands at village Navade which were notified on 3rd February 1970 have been decided by the aforesaid decisions relied upon by the Advocate for the claimant. In First Appeal Nos.423 of 1996 and 1534 of 1996, a Division Bench of this court was dealing with the lands at village Nawade which were notified under the same notification dated 3rd February 1970. Relying upon the decision of another Division Bench of this Court in First Appeal No.727 of 2003 dated 31st March 2004, -4- the Division Bench fixed the market value of the land at Rs.25/- per square metre. The rate of Rs.25/- per square metre has been fixed by the Division Bench in case of lands which were situated away from Bombay Pune national highway. In case of lands situated abutting the said highway, a learned Single Judge in his Judgment dated 28th March 2005 in First Appeal No.68 of 1992 has fixed the market value at the rate of Rs.30/- per square metre. In the present case, the report submitted by Shri Jeevan Kulkarni at Exh.28 discloses that the acquired lands were at the distance of 320 metres from the highway. In another case by a Judgment dated 30th March 2007 in First Appeal No.572 of 1991 (State of Maharashtra Vs. Jama Mhatre), for similarly situated land in village Navade, this court has fixed the market value at the rate of Rs.25/- per square metre. In the circumstances, the Appeal preferred by the State of Maharashtra must fail and the Appeal preferred by the claimant must succeed in part. In this case, there is no dispute regarding grant of statutory benefits. 7. Hence, I pass the following order : i) First Appeal No.825 of 1991 is partly allowed. Impugned Judgment and Award is modified by holding that the claimant will be entitled to market value at the rate of Rs.25/- per square metre. In addition to market value, -5- the claimant will be entitled to statutory benefits under sections 23(1-A), 23(2) and 28 of the Land Acquisition Act,1894. The claimant will be entitled to proportionate costs of the reference as well as of First Appeal No.825 of 1991. ii) First Appeal No.1124 of 1991 is hereby dismissed with no order as to costs. iii) The reference court will complete the exercise of calculating the amount payable to the claimant within a period of four months from the date of receipt of writ of this Court. iv) Writ to be sent early. JUDGE JUDGE JUDGE