ash 1 fa-677.92n170.93 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 677 OF 1992 WITH FIRST APPEAL NO.170 OF 1993 FA NO. 677 OF 1992 The State of Maharashtra. .. Appellant Vs Shri Kazi Abdul Rahimankazi Kamaluddin. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri K.K. Jadhav for the Respondent. -- FA No.170 OF 1993 Shri Kazi Abdul Rahimankazi Kamaluddin. .. Appellant Vs The State of Maharashtra. .. Respondent -- Shri K.K. Jadhav for the Appellant. Shri A.R. Patil, AGP for the Respondent. -- ash 2 fa-677.92n170.93 CORAM : A.S. OKA, J DATED : 17TH FEBRUARY, 2011 ORAL JUDGMENT : . These appeals can be disposed of by a common judgment as the challenge in these Appeals is to the same judgment and award passed by the learned Additional District Court, Ragad, Alibag. The award is under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). The Claimant is the Respondent in First Appeal No.677 of 1992 and the Appellant in First Appeal No.170 of 1993. 2. The acquisition relates to a land Kamothe, Taluka Panvel, District Raigad. Notification under Section 4 of the said Act was issued on 3rd February, 1970 by which the land was notified for public purpose of setting up satellite city of New Bombay. The Special Land Acquisition Officer offered the market value at Rs.3.20 per sq. Metre. The award made under Section 11 of the said Act was not accepted by the Claimant and at his instance, a reference was made under Section 18 of the said Act. The market value at the rate of Rs.30/- per sq. metre was claimed in the reference. By the impugned judgment and award, the Reference Court has fixed the market value at the rate of Rs.18/- per sq. metre. . ash 3 fa-677.92n170.93 3. Learned counsel appearing for the Appellant has placed reliance on a decision in the case of State of Maharashtra v. Prakash Vasudeo Deodhar, [(2008) 5 BCR 708]. He submitted that as the acquired land was abutting National Highway, the market value at the rate of Rs.25/- per sq. metre ought to have been fixed. The learned AGP supported the impugned judgment and award by contending that the Claimant has not discharged the burden put on him to prove that the market value awarded is inadequate. 4. 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 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: ash 4 fa-677.92n170.93 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 & 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 ash 5 fa-677.92n170.93 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. The Claimant in the present case examined Shri Jeevan Narayan Kulkarni as an expert valuer. In the examination in chief as well as in the cross-examination, he has deposed that the acquired land was abutting the National Highway. Therefore, the acquired land will fall in the first category under the aforesaid decision of the Division ash 6 fa-677.92n170.93 Bench. Hence, the Claimant will be entitled to a market value at Rs.25/- per sq. metre. Hence, the Appeal preferred by the State Government must fail and the Appeal preferred by the Claimant must succeed. 6. Hence, I pass the following order. (a) First Appeal No. 677 of 1992 is dismissed with no orders as to costs. (b) First Appeal No.170 of 1993 is partly allowed. The impugned judgment and award is modified by directing that the market value of the acquired land is fixed at Rs.25/- per sq. metre (inclusive of the market value offered by the Special Land Acquisition Officer ). ( c) In addition, the Claimant will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. ash 7 fa-677.92n170.93 (d) The Claimant will be entitled to proportionate costs of the Reference as well as First Appeal no.170 of 1993. (e) The exercise of determining the compensation payable as per the modified award shall be carried out by the Reference Court within a period of three months from the date on which the writ of this judgment is received by the said Court. (f) 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 )