1 fa905-99 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 905 OF 1999 ALONGWITH CROSS OBJECTION ST. NO.6313 OF 2008 The State of Maharashtra .. Appellant V/s. Smt. Suhasini Sadanad Samant (Since deceased through her LR's) Mr. Satyajit Sadanand Samant & Anr. .. Respondents .... Mr. A. R. Patil, AGP for the appellant-State. Mr. H. G. Thorat h/f. Mr. D.N. Salvi for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : JUNE 20, 2011. ORAL JUDGMENT :- The appellant State of Maharashtra has taken an exception to the Judgment and Award dated 31st December, 1997 passed by the District Court in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquisition relates to the land situated at village Kamothe, Taluka Panvel. The land was notified on 3rd February, 1970 under Section 4(1) of the said Act for the public purpose of setting up of satellite city of Navi Mumbai. Under Section 11 of the said Act, an Award dated 24th June, 1986 was made offering market value at the rate of Rs.3.50 2 fa905-99 per square meter. As the Award was not accepted by the respondents, at their instance, a reference was made under Section 18 of the said Act in which the market value was claimed at the rate of Rs.25/- by the respondents. By the impugned Judgment and Award, the market value has been fixed at the rate of Rs.12/- per square meter and statutory benefits have been granted under Sections 23(1-A) 23(1) and 28 of the said Act. By filing cross- objection, the respondents have claimed the market value at the rate of Rs.25/- per square meter. 2. The learned AGP appearing for the appellant submitted that the claimants failed to adduce evidence of any comparable sale instances and have failed to discharge the burden on them of proving that the market value offered by the Land Acquisition Officer was inadequate. The learned counsel appearing for the respondents has relied upon various decisions including decision of a Division Bench of this Court in the case of State of Maharashtra V/s. Prakash Vasudev Deodhar [2008(5) Bombay Cases Reporter 708]. He submitted that the market value ought to be fixed at Rs.25/- per square meter. 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 3 fa905-99 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 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. i. 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 4 fa905-99 & Gaothan to 640 Mtrs. From Z.P. Rd. 274 2 4760 20.00 & 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 Civil Appeal 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. 5 fa905-99 4. Coming back to the facts of the case, the respondents exam- ined Mr. Manohar Gopal Vaidya, a valuer as an witness. In the cross- examination he admitted that the acquired land is at the distance of 1.6 Kilometers away from Bombay-Pune Highway. In the circum- stances, the acquired land will fall in category of (c) fixed by the Di- vision Bench in the case of State of Maharashtra V/s. Prakash Deod- har (supra). Hence, the respondents will be entitled to a market val- ue at Rs.21/- per square meter. Accordingly, the Appeal with have to be dismissed and the Cross-Objection will have to be allowed. There is no dispute about the grant of statutory benefits. 5. Hence, I pass the following order: :: O R D E R :: i. First Appeal No. 905 of 1999 is dismissed with no order as to costs. ii. Cross-Objection Stamp No.6313 of 2008 is partly allowed. iii. The impugned Award is modified with a direction that the respondents are entitled to total market value of Rs.21/- per square meter. The 6 fa905-99 impugned Award relating to statutory benefits is not disturbed. iv. The claimants will be entitled to proportionate costs of the reference and Cross-Objection. iv. The reference Court shall determine the compensation payable as per the modified Award within a period of three months from the date on which writ of the Judgment is received by the said Court. viii. Excess amount shall be deposited by the State Government within a period of three months from the date on which compensation amount is determined by the Reference Court. (A.S.OKA, J)