IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO.7 OF 1999 The State of Maharshtra (Through the Special Land Acquisition Officer, Metro Centre No.(B), Thane. ....Appellant Vs. Shankar Narayan Naik 1a) Ramabai Shankar Naik and others. ....Respondents WITH CROSS OBJECTION STAMP NO.20657 of 2003 The State of Maharashtra through the Special Land Acquisition Officer, Metro Centre No.3, Thane. ....Appellant Vs. Shankar Narayan Naik and others ....Respondents ......... Mrs.G.P.Mulekar, A.G.P. for appellant. Mr.G.S.Godbole, Advocate for respondents. ......... CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. DATE : June 16, 2009. JUDGMENT [Per B.H.Marlapalle, J] : 1] This Appeal filed under Section 54 of the Land Acquisition Act, 1894 (herein after referred to as “the Act” for short) arises from the Award dated 30th June, 1997 passed by the learned Joint District Judge, Thane, in Land Acquisition Reference No.8 of 1995. By the said Award the Reference Court fixed the market rate at the rate of Rs.10/- per square meter. The State Government, being aggrieved by the said Award, has filed First Appeal No.7 of 1999, whereas, Cross Objection filed by the land owners is for enhancement of compensation including market value. 2] The claimants’ land admeasuring 68543 square meters located in village Khairane came to be acquired for the New Bombay project pursuant to the Notification published on 4th February, 1970 under Section 4 of the Act. The Land Acquisition Officer passed his award and fixed the market rate at Rs.5/- per square meter. The claimant not being satisfied with the said market rate submitted an Application under Section 18 of the Act claiming the market rate at the rate of Rs.20/- per square meter. On reference to the District Court, the Application came to be registered as L.A.R. No.8 of 1995 and the impugned award came to be passed by the Reference Court. 3] It is contended by the learned Assistant Government Pleader that the Reference Court committed an error in fixing the market value at the rate of Rs.10/- per square meter as there was no supporting material before the Reference Court to enhance the market rate from Rs.5 to Rs.10 per square meter. As per the learned A.G.P., the trial Court erred in relying upon earlier awards passed in L.A.R. Nos.8 of 1985, 26 of 1982, 28 of 1987 and 9 of 1985. 4] Mr.Godbole, the learned Counsel for claimants, on the other hand, submitted that the land acquired has N.A. Potential and is located very close to the old Bombay-Thane-Pune road and the market rate awarded by the Reference Court is not realistic. He, therefore, prayed that the claimant’s claim for Rs.20/- per square meter is required to be accepted. 5] The Reference Court, as noted earlier, has relied upon the award passed in L.A.R. Nos.26 of 1982, 8 and 9 of 1985 and 28 of 1987 and fixed the market rate at the rate of Rs.10/- per square meter. There is no dispute that the Reference Application decided is in respect of the land acquired for the New Bombay Project vide Notification dated 4th February, 1970. The enhancement applications filed by land owners from the said project came to be challenged in number of appeals before this Court; and at the first instance a batch of First Appeals namely First Appeal Nos.382, 398, 1109, 2570 and 1111 of 1984, 735 of 1985, 443 of 1986, 2568, 2569, 2571 of 1983 along with other appeals came to be decided by the Division Bench (Shah & Kotwal, JJ.) vide the judgment rendered on 19th March, 1987. A copy of the said judgment has been placed before us. It is not in dispute that for the New Bombay Project land of claimants was acquired and handed over to CIDCO i.e. City Industrial Development Corporation which is an undertaking of the State of Maharashtra and in all 646 Hector and 37.3 Are land was acquired from Panvel village, 140 Hectors and 37 Are from Asudgaon, 1 Hector and 17.3 Are from Kalamboli and other villages came to be acquired. The Division Bench of this Court considered the location of the lands in survey No.102, survey No.98 and survey No. 105 which land abuts junction of Sion-Panvel Road and old Mumbai- Pune high way. In respect of land in survey No.105 the Division Bench fixed the market rate at the rate of Rs.16/- per square meter and Rs.14/- per square in land survey No.98. The average market rate comes to Rs.15/- per square meter. 6] The land of the present claimant also is located almost abutting old Mumbai-Pune high way and, more particularly, at the track between Thane and Panvel of village Khairane in Taluka Thane. We are, therefore, of the opinion that the market rate awarded by the Reference Court requires to be enhanced and there is no case to hold that the market rate of Rs.10/- per square meter fixed by Reference Court is higher. 7] In the premise, First Appeal No.7 of 1999 hereby stands dismissed and Cross Objection Stamp No.20657 of 2003 is hereby partly allowed. (i) The market rate for the land acquired from the claimants is fixed at Rs.15/- per square meter. In addition, the claimant shall be entitled for the benefit of solatium at 30%, additional component of 12% and interest as per Section 28 and/or 34 of the Act. (ii) Civil Application No.1964 of 2004 for stay does not survive and stands rejected accordingly. (iii) Parties to bear own cost. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)