IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.104 OF 1991 1. Shri Prakash Vasudeo Deodhar ) 2. Shri Madhav Vasudeo Paranjape ) Since deceased through his heirs) 2.1 Smt. Malati Madhav Paranjape ) age 73 years ) 2.2 Shri Sudhir Madhav Paranjape ) age 51 years ) 2.3 Kum.Snehalata Madhav Paranjape ) age 45 years 2.4 Shri Subodh Madhav Paranjape ) since deceased 3. Shri Subodh Madhav Paranjape ) since deceased his heirs and ) legal representatives : ) 3.1 Smt.Shammi Subodh Paranjape ) age 49 years ) 3.2 Kum.Rubiyanka Subodh Paranjape ) age 20 years ) 3.3 Kum.Tiya Subodh Paranjape ) age 17 years ) Appellant nos.2(1) to 2(3) ) residing at 5-E, Venus Apartments ) Near Hill Top Hotel, Worli, Mumbai ) Appellant nos.2(4) (1) to 2(4) (3) ) and 3(1) to 3(3) residing at ) Suraiya Apartments, 4th Floor, ) Pochkhanwala Road,Worli, Mumbai-18 )..Appellants Versus The Special Land Acquisition ) Officer, Minor Irrigation, Raigad ) Alibag. )..Respondents ---- ALONGWITH FIRST APPEAL NO.55 OF 1991 The State of Maharashtra )..Appellants : 2 : Versus 1. Shri Prakash Vasudeo Deodhar ) 2. Shri Madhav Vasudeo Paranjape ) Since deceased through his heirs) 2.a Smt. Malati Madhav Paranjape ) age 73 years ) 2.b Shri Sudhir Madhav Paranjape ) age 51 years ) 2.c Kum.Snehalata Madhav Paranjape ) age 45 years 3. Shri Subodh Madhav Paranjape ) since deceased his heirs and ) legal representatives : ) 3.a Smt.Shammi Subodh Paranjape ) age 49 years ) 3.b Kum.Rubiyanka Subodh Paranjape ) age 20 years ) 3.c Kum.Tiya Subodh Paranjape ) age 17 years ) Suraiya Apartments, 4th Floor, ) Pochkhanwala Road,Worli, Mumbai-18 )..Appellants ---- Mr.R.V.Pai & S.M.Kamble for the appellants. Mrs.S.P.Manchekar AGP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 30.6.2008. Judgment :- 1. The First Appeal No.104/91 is filed by the original claimants impugning a judgment and order passed by a Civil Judge, Senior Division, Raigad at Alibag in Land Acquisition Reference No.6 of 1986. : 3 : First Appeal No.55 of 1991 is filed by the State impugning the said judgment and order. By the impugned judgment and order the reference Court calculated the market value of the acquired land being land bearing gat no.79/12 situated at village Barvai, Taluka Panvel, Dist. Raigad at the rate of Rs.35 per square meter and granted compensation on the basis of such market value. 2. The facts of the case are as under :- (a) That by a Notification issued under Section 4 of the Land Acquisition Act published on 13.12.1984 the State of Maharashtra sought to acquire the land of the claimants bearing gat no.79/12 situated at village Barvai, Taluka Panvel, admeasuring 2900 square meters. (b) In due course, after following due procedure, by an award dated 23.9.1985 the Land Acquisition Officer fixed the market value of the said land at the rate of Rs.3.15 per square meters in respect of 2050 square meters and 2 paise per square meter in respect of 50 square meter which was the potkharaba. Being aggrieved by the same, the claimants preferred Land Acquisition Reference and being aggrieved by the decision of the Reference Court, preferred this First Appeal. : 4 : 3. I have heard both sides and perused the entire record. On behalf of the claimants an expert valuer Shri Jeevan Kulkarni was examined. He referred to two sale instances of the year 1982 and one sale instance of the year 1984. These sale instances however, pertain to developed plots situated in a Co-operative Society known as Yashodhan Co-operative Society. These plots are situated about half a kilometer away from the National High way. No evidence was led as to the development charges and the percentage of the lands which were reserved while plottings. It is not known as to what area was utilised for internal roads. These instances relating to sale of developed plots, are therefore, not very useful and have not been relied upon by the Reference Court. The claimants had also relied upon an order passed by the Reference Court in respect of the acquisition of their own land under a Notification dated 4.9.1982. The said judgment and order was produced on record and on perusal of the same, it is clear that the market value of the claimants’ land which is situated in the same village and is a part of the survey number, was fixed at Rs.45/- per square meter. It was contended by the learned Advocate for the claimants that atleast 12% increase per year can be granted from the period 4.9.1982 till 13.12.1984. It appears that this benefit was not given by the reference Court and the reference Court after referring to the : 5 : reference award, granted Rs.35/- per square meter in the present case also. I find that though there is no specific evidence about the increase of annual rates, yet, in my view, on principals analogous to those under which compensation is granted under Section 23(1) (A) of the Land Acquisition Act, it will be fair to assume that there will be 12% annual increase in the rates of property. If this annual increase of rate is flat, then market value of the said land would be around Rs.45/- per square meter which can be rounded up to Rs.45/- per square meter. 4. Learned Advocate appearing for the claimants also referred several judgments pertaining to village Kamothe and Panvel including a recent judgment of the Division Bench of this Court in the case of State of Maharashtra V/s. Trimbak Joma State of Maharashtra V/s. Trimbak Joma State of Maharashtra V/s. Trimbak Joma Thakur Thakur Thakur reported in 2007(5) Mh.L.J. 187. In my view, this is a case where sale instances were produced by the claimants and it would be proper and safer to go by the sale instances and evidence on record rather than going purely on the basis of the distance of the highway. It may be stated here that it is not disputed that the present land is abutting the highway. 5. In view of the aforesaid findings, First Appeal No.55 of 1991 is dismissed. : 6 : 6. First Appeal No.104 of 1991 is partly allowed. The impugned judgment and order is set aside and it is directed that the market area of the acquired land being 2900 square meters situated at village Barvai, Taluka Panvel, will be calculated at the rate of Rs.45 per square meter. It is further directed that in addition to the amount thus payable, solatium under Section 23(1)(A) will be paid on the market value. Further compensation @ 12% p.a. on the same market value will be paid under Section 23(1) (A) of the Land Acquisition Act from the date of publication of Notification under Section 4 of the Land Acquisition Act i.e. 13.12.1984 till the date of award i.e. 23.9.1985. By way of further addition, interest will be calculated @ 9% p.a. under Section 28 of the Land Acquisition Act from the date of taking over possession i.e. 22.1.1987 and at the rate of 15% thereafter till actual payment is made. This payment of interest will be calculated only on the enhanced amount. 7. It is made clear that adjustment will be permitted in respect of any amount which has already been paid to the claimants. 8. Both the appeals stand disposed off accordingly. : 7 : (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)