-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1529 OF 2004 APPLICATION NO.1529 OF 2004 APPLICATION NO.1529 OF 2004 IN IN IN FIRST FIRST FIRST APPEAL NO.412 OF 2001 APPEAL NO.412 OF 2001 APPEAL NO.412 OF 2001 Smt.Gomibai Sudam Kawale & Ors. ...Applicants vs. The State of Maharashtra ...Respondent Mr.S.G.Surana for the Applicant Ms S.P.Manchekar A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JANUARY 28, 2008. : JANUARY 28, 2008. : JANUARY 28, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the learned A.G.P. for the Respondent. The present Application is filed by the original claimants who are the respondents in the First Appeal. The challenge is to the Judgment and Award dated 28th June 1996 passed under section 28(A-3) of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquisition is in respect of a land at Panvel within the limits of Panvel Municipal Council which was notified for acquisition by a notification under section 4 of the said Act issued on 3rd February 1970 for the public purpose of setting up of a satellite city of Navi Mumbai. By the impugned Judgment and Award, the Reference Court has fixed the market value at the rate of Rs.30/- sq. meter. 2. On 31st July 2001, Civil Application No.7906 of 1999 for -2- stay made by the Respondent-State was disposed of. The Respondent was directed to deposit the entire amount due and payable as per the impugned Judgment and Award with the Reference Court and the said amount was ordered to be invested in fixed deposit. 3. The submission of the learned Advocate for the Applicant is that there are already decisions of this court laying down the market value of the various lands at village Panvel which were notified for acquisition on 3rd February 1970 for the same public purpose of setting up of a satellite city of Navi Mumbai. He submitted that different Division Benches of this Court have consistently held that the market value of such lands is Rs.25/- per sq. meter. He invited my attention to the orders passed by the three different Division benches in similar matters where the claimants were permitted to withdraw compensation amount calculated at the rate of Rs.25/- per sq. meter without furnishing any security. He submitted that the present application is governed by those orders. 4. The learned A.G.P. was granted time on the last date to take instructions. The learned A.G.P. has opposed the said application. 5. I have perused the impugned Judgment. There is a finding recorded that the Bombay Pune national highway is situated at -3- the distance of 900 meters away from the acquired land. In the case of Nama Padu Hudar Vs. State of Maharashtra and other connected matters, the Division Bench of this court by the Judgment dated 25th and 26th February 1993 decided a group of large number of First Appeals arising out of the Awards made under section 18 of the said Act of 1894 relating to villages Panvel and Kamothe which were notified under the same notification for the same public purpose. The Division Bench divided the lands at village Panvel and Kamothe into distinct five groups depending upon the distance of the acquired land either from Bombay Pune national highway or from Kamothe Zilla Parishad Road or from Gaothan. In case of lands situated at the distance of 800 meters to 2200 meters from the highway, this court fixed the market value at the rate of Rs.20/- per sq. meter. The said decision has attained finality and in fact the Apex Court by its decision dated 6th March 2006 in Civil Appeal No.1557 of 2006 (Shantadevi Ruparel Vs. Special Land Acquisition Officer) specifically affirmed the view taken by this court in case of Nama Padu Hudar (supra). Going by the said decision of the Division Bench, prima facie, the market value of the acquired land in the present case will be Rs.20/- per sq. meter. 6. Therefore, in view of the orders of the Division Bench which are annexed to the Civil Application at Exh.B and C, Civil Application is disposed of by passing the following -4- order : i) Out of the amount deposited by the Respondent, the Applicants are permitted to withdraw the compensation amount including component of section 23 (1-A), 23(2) and section 28 of the Land Acquisition Act,1894 as of the date of impugned Award by calculating the market value at the rate of Rs.20/- per sq. meter. The said amount shall be permitted to be withdrawn by the Applicants-claimants without furnishing any security. ii) The balance amount deposited by the Respondent-State will be permitted to be withdrawn by the claimants on furnishing adequate security for the said amount. The Respondent-State will be heard before accepting the security. iii) The order dated 31st July 2001 passed in Civil Application No.7906 of 1999 stands modified accordingly. There will be no order as to costs. JUDGE JUDGE JUDGE