ash 1 fa-2343.2344n234505 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.2343 OF 2005 WITH FIRST APPEAL NO. 2344 OF 2005 WITH FIRST APPEAL NO. 2345 OF 2005 FA NO. 2343 OF 2005 The State of Maharashtra. .. Appellant Vs Anant Ziparya Bhagat & Others. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. Shri Sachin Punde for Respondent Nos.1 to 10. -- FA NO. 2344 OF 2005 The State of Maharashtra. .. Appellant Vs Shri Ambaji Kathor Mhatre & Others.. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. Shri Sachin Punde for Respondent Nos.1 to 8. -- FA NO. 2345 OF 2005 The State of Maharashtra. .. Appellant Vs Shri Ramchandra Dinkar Govari. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri Sachin Punde for the Respondent. -- ash 2 fa-2343.2344n234505 CORAM : A.S. OKA, J DATED : 21ST JUNE, 2011 ORAL JUDGMENT : . Heard the learned AGP for the Appellant and the learned counsel appearing for the Respondents. The challenge in these Appeals is to the common judgment in three Land Acquisition References under Section 28(A-3) of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). The lands are situated at Village- Kamothe, Taluka Panvel, District Raigad, which were notified under Section 4(1) of the said Act on 3rd February, 1970 for public purpose of setting up a satellite city of New Bombay. The awards under Section 11 of the said Act were made in the year 1986. Though no References were sought under Section 18 of the said Act at the instance of the Respondents-Claimants, they applied for re- determination of the market value under Section 28(A)(1) of the said Act. As the Respondents/Claimants were not satisfied with the re- determination of the market value made by the Special Land Acquisition Officer, at their instance, the References were made under Section 28(A-3) of the said Act in which a claim for market value was made at the rate of Rs.30/- per sq. meter. By the impugned judgment and awards, the Reference Court has fixed the market value at the rate of Rs.25/- per sq. meters. The Reference Court has granted the statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act. ash 3 fa-2343.2344n234505 2. The learned AGP appearing for the Appellant submitted that the Respondents have not adduced any evidence of any comparable sale instances and the Respondents have not discharged the burden on them. He submitted that the market value fixed is excessive. Learned counsel appearing for the Respondents relied upon the documents annexed to the Civil Application for additional evidence filed by the Respondents in one of the Appeals. He submitted that no interference is called for with the impugned judgment and awards. Learned counsel appearing for the Claimant has placed reliance on a decision of a Division Bench of this Court in the case of State of Maharashtra v. Prakash Vasudeo Deodhar, [(2008) 5 BCR 708]. He submitted that as the acquired land was abutting Bombay-Pune National Highway, the market value at the rate of Rs.25/- per sq. meter is justified. Later on, he stated that he is not pressing the Civil Application. 3. It is not in dispute that the lands falling within the limits of 96 villages in Districts Thane and Raigad were notified between 1967 and 1972 under section 4(1) for public purpose of setting up satellite city of New Bombay. A large number of lands from the villages Kamothe and Panvel were notified for acquisition. A Division Bench of this Court dealt with the awards made under Section 18 of the said Act relating to the said two villages in the case of Nama Padu Hudar and ash 4 fa-2343.2344n234505 Others v. State of Maharashtra and other connected appeals ( 1993(3) BCR 54 ). This Court divided the lands into different categories on the basis of its distance from the Bombay- Pune National Highway. The market value was fixed by the Division Bench depending upon distance of the land from Highway as under: Group No. First S.No. H.No. Area Rate Appeal sq.Mt. Granted No. P.S.M. Rs.Ps. 1. 754/1986 671 1(Part) 8240 25/00 Abutting the Highway 763/1986 694 2 5870 25.00 698 2 510 25.00 704 7 1060 25.00 704 2 3310 25.00 ii. 751/1986 598 2/5 4270 23.00 within (Part) 800 Metres 756/1986 665 1B 2450 23.00 665 1D 1860 23.00 663 1/5 1340 23.00 660 3 5830 23.00 iii. 753/1986 614 2 3100 22.00 Abutting 751/1986 617 2 4350 22.00 Kamothe Z.P. (Part) Road to 1200 Metres 752/1986 548 7(Part) 2500 22.00 IV-A 755/1986 209 9 4560 20.00 800 Mtrs to 2200 Mtrs 213 10 1900 20.00 from Bombay- Poona Highway IV-B 200 Mtrs. From Z.P.Rd. 743/1986 240 2 1900 20.00 & Gaothan to 640 Mtrs. From Z.P. Rd. 274 2 4760 20.00 ash 5 fa-2343.2344n234505 & Gaothan. ------------------------------------------------------------------------------------------------------ The method adopted by this Court has been approved by the Apex Court in the case of Shantadevi Ruparel v. The Special Land Acquisition Officer in CivilAppeal No. 1550 of 2006 decided on 6th March, 2006. Relying upon the decision in the case of Nama Padu Hudar (supra), the Division Bench of this Court in the case of State of Maharashtra v. Prakash Vasudeo Deodhar, [(2008) 5 BCR 708] divided the lands at village Kamothe into three categories. The said three categories are as under: “17. The claimants would be entitled to compensation for acquisition of their lands as under:- (a) Lands falling within 750 metres of the National Highway – Rs.25/- per sq. Metre. (b) Land falling within 750 to 1500 metres of the National Highway – Rs.23/- per sq. Metre. (c) Land falling beyond 1500 metres of the National Highway – Rs.21/- per sq. Metre.” The said decision has become final. Hence, in the present case, market value will have to be determined in terms of the said decision. ash 6 fa-2343.2344n234505 4. In all the three cases, one of the Claimants Shri Anant Ziprya Bhagat was examined who stated that the Mumbai Pune National Highway is at a distance of 200 meters from the acquired lands. Perusal of the cross-examination of the said Claimant by the Government Pleader shows that there is no challenge to the said statement in the examination-in-chief. Therefore, the lands will fall in category (a) fixed by the Division Bench in the aforesaid decision. The Division Bench has fixed the market value at the rate of Rs.25/- per sq. meter. Hence, no interference can be made with the market value fixed by the Reference Court. There is no dispute regarding grant of statutory benefits. The impugned judgment and award is in consistent with the aforesaid decision of the Division Bench. Hence, I pass the following order. ORDER : (a) First Appeal No. 2343 of 2005, First Appeal No.2344 of 2005 and First Appeal No.2345 of 2005 are dismissed with no orders as to costs. (b) Civil Application No.1939 of 2011 in First Appeal No.2343 of 2005 is not pressed by the Respondents and the same is accordingly disposed of as not pressed. ( A.S. OKA, J )