-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 592 OF 1995 FIRST APPEAL NO. 592 OF 1995 FIRST APPEAL NO. 592 OF 1995 The State of Maharashtra, through .. Appellant. the Special Land Acquisition (Org.Opponent) Officer, Metro Centre No.7, New Panvel. V/s. 1. Haribhau Shankar Patil, adult, 2. Chintaman Gangaram Pati,adult, 3. Narhairi Gangaram Patil,adult, 4. Uma Gangaram Patil, adult, 5. Sarangdhar Gangaram Patil, Adult, 6. Sakhubai Gangaram Patil, adult, 7. Sushila Narayan Mhatre, adult, .. Respondents. all R/o. Ulve, Ta. Panvel (Org.Claimants) 70 yrs. R/o. Navade, Tal. Panvel .. Respondent. --- Mrs.G.P.Mulekar, A.G.P for the Appellant. Mr.S.M.Gorwadkar for the Respondents. --- WITH WITH WITH FIRST APPEAL NO. 916 OF 1992 FIRST APPEAL NO. 916 OF 1992 FIRST APPEAL NO. 916 OF 1992 1. Haribhau Shankar Patil, adult, .. Appellant. R/a.Ulve, Tal.Panvel,Raigad. V/s. 1. The Special Land Acquisition .. Respondents. Officer, Metro Centre No.7, New Panvel. 2. Chintaman Gangaram Patil,adult, 3. Narhairi Gangaram Patil,adult, 4. Uma Gangaram Patil, adult, 5. Sarangdhar Gangaram Patil, Adult, 6. Sakhubai Gangaram Patil, adult, 7. Sushila Narayan Mhatre, adult, .. Respondents. -: 2 :- all R/o. Ulve, Ta. Panvel,Dist. (No.2 to 7 Org. Raigad. (Amendment as per Order Claimants) dated 28.4.1992, of Addl.Registrar. --- Mr.S.M.Gorwardkar for the Appellant. Mrs.G.P.Mulekar, A.G.P for the Respondent No.1. --- CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. DATED : 14th JANUARY, 2008. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT :- . These two Appeals can be conveniently disposed of by a common Judgment as the challenge in both the Appeals is to the Judgement and Award dated 20th July, 1991 passed in the Land Acquisition Reference No.455 of 1987. The said Award has been made in a Reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). 2. The land subject matter of the acquisition is bearing Survey No.80, Hiss No.2 (new) and the Survey No.96, Hissa No.4, admeasuring 9100 sq.meters, situated at the village Ulve, Tal. Panvel, Dist.Raigad. The land was notified by the Notification dated 3rd February, 1970 under section 4 of the said Act for the public purpose for establishing the satellite city of Navi Mumbai. The Award under the said Act was made in the year 1986. The Claimants did not accept the Award -: 3 :- and therefore, a Reference under section 18 of the said Act was made, which was decided by the impugned Judgment and Award. 3. First Appeal No. 592 of 1995 is filed by the State Government for challenging the impugned Judgment and Award by contending that the amount awarded is exorbitant. 4. The First Appeal No.916 of 1992 is filed by the original Claimants, seeking an enhancement in compensation. After considering the evidence adduced by the parties, by the impugned Judgement and Award the market value of the acquired land has been fixed at Rs. 8/- per square meters. 5. The submission of the learned AGP in support of the First Appeal No.592 of 1995 is that the market value awarded by the Reference Court is excessive. It is, therefore, submitted that the impugned Judgment and Award deserves to be set aside and the Appeal preferred by the Claimants will have to be dismissed. 6. The learned Advocate appearing for the original Claimants relied upon a decision of this Court in the case of Janu Ragho Patil vs. The State of Maharashtra -: 4 :- in Appeal No.83 of 1992 and other connected Appeals. He submitted that in the case of a similarly situated land, this Court has fixed market value at the rate of Rs. 12/- per sq. meters. 7. I have carefully considered the submissions of both the sides. Insofar as statutory benefits under sections 23(1-A), 23(2) and 28 of the said Act are concerned, there cannot be any dispute in view of the settled legal position. 8. It must be noted here that vast tracts of lands at various villages from taluka Panvel, Dist. Raigad were notified for acquisition on 3rd February, 1970 for the public purpose of setting up a satellite city of Navi Mumbai. A large number of Appeals arising out of the Awards made under section 18 of the said Act have been decided by this court. A large number of lands from village Ulve, Tal. Panvel, Dist. Raigad were also notified for acquisition for the same purpose under the same Notification dated 3rd February, 1970. The decision relied on by the learned Advocate for the Claimants pertains to the land at village Ulve, which was notified under the same Notification where this court has fixed the market value at the rate of Rs.12/- per sq.meter. -: 5 :- 9. In the present case, the Claimants examined one Jeevan Narayan Kulkarni, as a valuer. The Claimants also examined their constituted Attorney. All of them have deposed in relation to the location of the acquired land. 10. After having considered the documentary evidence on record, there is no reason why the decision of this court in said case, relied upon by the Advocates for the Claimants should not be applied to the present case. 11. The land which is the subject matter of the decision of this court can be taken as comparable as it is one of the several lands from the same village, which were notified for acquisition under the same Notification. 12. Thus the Appeal preferred by the State Government must fail and the Appeal preferred by the Claimants must succeed in part. 13. Hence, I pass the following order. i. First Appeal No. 592/1995 is dismissed. The Appellant to pay costs of this Appeal to the -: 6 :- Respondents. ii. First Appeal No. 916 of 1992 is partly allowed. The market value of the acquired land is fixed at the rate of Rs. 12/- per sq. meters. In addition to the market value, the Appellants in the said Appeal will be entitled to the statutory benefits under sections 23(1-A), 23 (2) and 28 of the Land Acquisition Act, 1894. iii. The Appellants in First Appeal 916 of 1992 will be entitled to the proportionate costs of the Reference as well as the said Appeal from the Respondents in the said Appeal. iv. The Reference Court will calculate the amount of compensation payable to the Claimants on the basis of this Judgment within a period of four months from the date of receipt of writ of this Judgment and Order. v. A writ of this Judgement as well as the record and proceedings shall be sent to the Reference Court at the earliest. -: 7 :- (A.S. OKA, J) .....