1 FANos.70.92+ Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1. FIRST APPEAL NO. 70 OF 1992 The State of Maharashtra ... Appellant v/s 1. Sitaram Narayan Patil (Since deceased through his L.Rs.) 1A. Pralhad Sitaram Patil & ors. ... Respondents ALONG WITH FIRST APPEAL NO. 382 OF 1993 1. Sitaram Narayan Patil (Since deceased through his L.Rs.) 1A. Pralhad Sitaram Patil & ors. ... Appellants V/S The State of Maharashtra ... Respondent 2. FIRST APPEAL NO. 71 OF 1992 The State of Maharashtra ... Appellant v/s 1. Sitaram Narayan Patil 2. Balaram Narayan Patil ... Respondents ALONG WITH FIRST APPEAL NO. 442 OF 1993 WITH CIVIL APPLICATION NO. 4895 OF 2007 1. Sitaram Narayan Patil & anr. ... Appellants 2 FANos.70.92+ v/s Special Land Acquisition Officer ... Respondent 3. FIRST APPEAL NO. 72 OF 1992 The State of Maharashtra ... Appellant v/s Shri Sitaram Narayan Patil ... Respondent ALONG WITH FIRST APPEAL NO. 381 OF 1993 Shri Sitaram Narayan Patil (since deceased) through his legal heirs:- 1(A) Pralhad Sitaram Patil 1(B) Dilip Sitaram Patil ... Appellants v/s Special Land Acquisition Officer, Panvel, Dist. Raigad ... Respondent 4. FIRST APPEAL NO. 369 OF 1995 1. Shri Sitaram Narayan Patil (since deceased) through his legal heirs:- 1A) Pralhad Sitaram Patil 1B) Dilip Sitaram Patil 2. Shri Balaram Narayan Patil (since deceased) through his legal heirs:- 2A) Kiran Balaram Patil 2B) Smt.Nisha Balaram Patil 2C) Smt.Usha Kiran Mhatre ... Appellants v/s Special Land Acquisition Officer, Panvel, Dist. Raigad ... Respondent Mr.A.R.Patil, A.G.P. for appellant in F.A.No.70/1992, 71/ 3 FANos.70.92+ 1992 and 72/1992 and for respondent in F.A.382/1993, 442/1993, 381/1993 and 369/1995. Mr.S.P.Thorat for respondents in F.A.No.70/1992, 71/1992, and 72/1992 and for appellants in F.A.No.382/1993, 442/1993, 381/1993 and 369/1995. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 18TH AUGUST, 2011 judgement (Per Smt.Mhatre, J.) 1. (i) First Appeal Nos.70 of 1992 and 382 of 1993 are cross-appeals arising from the judgement and award in Land Acquisition Reference No.303 of 1983. First Appeal Nos.71 of 1992 and 442 of 1993 are cross-appeals arising from the judgement and award in Land Acquisition Reference No.701 of 1987. First Appeal Nos.72 of 1992 and 381 of 1993 are cross-appeals impugning the judgement and award in Land Acquisition Reference No.652 of 1987. First Appeal No.369 of 1995 is preferred to challenge the judgement and award in Land Acquisition Reference No.703 of 1987. The cross-appeal filed by the State against this reference has been dismissed earlier. All these appeals have been decided by the 3rd Additional District Judge, Raigad, by an award passed on 21.1.1991. These appeals are being disposed off by a common judgement as the lands have been acquired under the same notification issued under Section 4 4 FANos.70.92+ of the Land Acquisition Act, on 4.2.1970. 2. Lands owned by the claimants were acquired for the development of the Trans Harbour Panvel and Trans Thane Creek area. These lands were acquired for commercial, industrial and residential purposes. The claimants’ land situated at Village Navade, were notified for acquisition under Section 4 of the Land Acquisition Act. The notification was published on 4.2.1970. The claimants were awarded compensation at the rate of `1.50 per square metre by the Special Land Acquisition Officer. After the award was declared the possession of the lands was handed over to CIDCO, the acquiring body. The claimants accepted the amounts awarded by the Special Land Acquisition Officer under protest. They then sought enhancement of the amount by demanding compensation at the rate of `15/- per square metre. Accordingly, the reference was made to the Third Additional District Judge, Raigad at Alibag. The reference was decided on 21.1.1999 and the claimants were awarded compensation at `12/- per square metre together with amounts under Section 23(1A), 23(2) as well as under Section 28 of the Land Acquisition Act. The finding recorded by the Reference Court is that though the lands were not abutting the highway, it had the potentiality of being used for non agricultural purposes. It appears that the acquired land 5 FANos.70.92+ is about 320 metres from the National Highway No.4. Aggrieved by the award, the appellants have preferred the present appeals. 3. It must be noted here that in its appeals, the State had taken exception to the claimants being permitted to enhance their claim while the reference was pending before the Reference Court. The Division Bench, by its order dated 21.3.2009 passed in these appeals and other connected appeals, referred the following questions to a Larger Bench:- (1) Whether a claimant, whose land is acquired, can be allowed to amend his claim application so as to enhance the compensation claimed in an application for reference under Section 18 of the Land Acquisition Act, 1894 ? (2) If yes, at what stage can an amendment be allowed ? (3) If answer for the question No.1 is in the affirmative, whether the enhanced claim made by an amendment effected after the expiry of the period of limitation for making of a reference under Section 18 of the Act can be considered ? 6 FANos.70.92+ 4. The reference has been answered by the Full Bench on 10.2.2010 in the following manner:- (1) The claimant whose land is acquired can be allowed to amend his claim application so as to enhance the compensation claimed in an application for reference under Section 18 of the Act. (2) The amendment so as to enhance the compensation claimed in the application for reference under Section 18 of the Act can be allowed before the Reference Court as well as at the stage of an Appeal in the High Court arising out of the decision of the Reference Court. However, while granting amendment so as to enhance the compensation, the general principles for considering an application for amendment made under Order 6 Rule 17 of the Code of Civil Procedure, 1908 are applicable. (3) In view of the affirmative answers to question Nos. 1 and 2, the 3rd question does not survive for consideration. 5. These appeals have now been placed before us as 7 FANos.70.92+ directed by the Full Bench. 6. The claimants examined one Dilip Sitaram Patil, appellant No.1B and the nephew of the original claimant No. 2 in support of their claim for enhancement of the compensation. The Government Approved Valuer who was examined by the claimants has deposed that the fair market value of the acquired lands would be `30/- per square metre. He has stated on oath that the land in question is near the Mumbai-Pune National Highway and the Diva-Panvel-Apta Railway line. The M.I.D.C. is also situated close to this land, according to the Valuer. He has therefore stated that the land in question had the potentiality to be used for any non- agricultural purpose, such as, residential, commercial and industrial use. The witness has deposed about the sale instance of lands situated in the vicinity of the acquired lands. 7. In First Appeal No.825 of 1991, a learned Single Judge of this Court has considered the acquisition of lands in the same village Navade which were acquired under the Notification dated 3.2.1970. The compensation awarded by the learned Single Judge was at the rate of `25/- per square metre since the acquired lands were at a distance of 320 meters from the highway. In the present case, the lands are 8 FANos.70.92+ at the same distance from the highway. There is evidence on record about the non agricultural potential of the land. 8. In these circumstances, the first appeal filed by the State, namely, First Appeal Nos.70 of 1992, 71 of 1992 and 72 of 1992 are dismissed. First Appeal No.382 of 1993, 442 of 1993 and 381 of 1993 and 369 of 1995, are disposed off with the following order:- O R D E R 1. (i) The impugned judgements and awards are modified and the claimants will be entitled to market value for their lands which were acquired, at the rate of `25/- per square metre. (ii) In addition to the compensation payable, the claimants would be entitled to the statutory benefits available to them under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act,1894. (iii) The Reference Court will calculate the amounts payable to the claimants at the aforesaid rate within a period of four months from the date of receipt of the writ of this Court. 9 FANos.70.92+ (iv) Writ to be sent to the Reference Court expeditiously. 2. In view of the above, Civil Application No. 4895 of 2007 which has been filed for amending the appeal memo is dismissed. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 10 FANos.70.92+