1 FA793 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.793 OF 1994 The State of Maharashtra ...Appellant vs. Chandar Nama Patil ...Respondent Mr.A.R.Patil, A.G.P for the appellant Mr.K.N.Kore for the respondent CORAM : A.S.OKA,J. DATE : APRIL 7,2011 JUDGMENT : 1 The appellant-State of Maharashtra has taken an exception to the Judgment and Award dated 16 th January 1993 passed by the learned Joint District Judge, Thane in a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). 2 The acquisition relates to land bearing survey no. 144 (part) admeasuring 3339 sq.meters situated at village Pawane in Taluka and District Thane. Notification under section 4 of the said Act was issued on 4 th February 1970 by which the said land was notified for acquisition for the public purpose of setting up satellite city of New Bombay. By an Award under section 11 of the said Act, the Special Land Acquisition Officer offered market value at the rate of Rs.2.50 per sq. meter. As the respondent- claimant did not accept the said market value, at his instance, reference under section 18 of the said Act was made. By the impugned Award, market value has been fixed at the rate of Rs.13/- per sq. meter and statutory benefits under sections 23(1-A), 23(2) and 28 of the said Act have been granted. 2 FA793 3 The learned A.G.P for the appellant submitted that the market value fixed by the Reference Court is excessive. He submitted that the respondent-claimant has not discharged the burden of proving that the market value offered by the Special Land Acquisition Officer was inadequate. He submitted that apart from relying upon the Judgments in references under section 18 of the said Act, there is no evidence adduced of comparable sale instances. The learned counsel for the respondent supported the impugned Judgment and Award. 4 I have given careful consideration to the submissions. It is not in dispute that vast tracts of lands in 96 villages situated in Thane and Raigad Districts were notified for acquisition for the public purpose of setting up satellite city of New Bombay. Though notifications under section 4 of the said Act were issued from the year 1967 onwards, in case of large number of lands, notifications under section 4 were issued either on 3 rd February 1970 or 4 th February 1970. Large number of appeals arising out of Awards in references under section 18 of the said Act relating to said lands have been decided by this Court. A judicial notice has been taken by this Court repeatedly that in the year 1970 most of the lands subject matter of acquisition in the aforesaid villages were undeveloped agricultural lands. While fixing the market value of the acquired lands in various villages, this Court has adopted various methods such as the distances of the acquired land from Bombay Pune National Highway or Sion- Panvel Highway. In some cases, the distance of the acquired lands from Zilla Paristand Road has been considered. 3 FA793 5 In the present case, the respondent-claimant stepped into witness box. He stated that prior to February 1970, there were facilities such as School, Electricity connection and water connection in village Pawane. He stated that the factories like Serle, Indo-Pharma etc. were set up in the limits of village Pawane. He stated that there were other big and small factories in the vicinity of village. He stated that the prices of lands of the village Pawane escalated as a result of setting up industries. In the cross examination of the respondent made by the Government Pleader, there is no challenge to the aforesaid factual statements made by the respondent. However, the respondent admitted that he has not produced any evidence to show as to when the factories were established and as to when the facilities were made available to the village. 6 The Reference Court has relied upon certain decisions in references under section 18 of the said Act in relation to the acquisition of lands in the same villages under the notification of the said date for the same public purpose. 7 The learned A.G.P has produced for perusal of this Court a true copy of the development plan of New Bombay for showing the location of various villages. The said plan shows that village Pawane is adjacent to Thane Belapur Road which road was admittedly in existence on the relevant date. Village Pawane is on the eastern side of Thane-Belapur Road. On the western side of the said Road, there is village Sanpada which is again adjacent to the said Road. In case of said village, in First Appeal No.1201 of 1989 and other connected Appeals, decided on 4th April 2006, this Court has confirmed the market value fixed at the rate of Rs.15/- per sq meter. The 4 FA793 lands subject matter of the said Appeal was notified for the same public purpose on the same date. In case of Villages Savli and Dive, as on the same date, this Court has fixed the market value at the rate of Rs.10/- per sq. meter. In case of lands notified in February 1970 for the same public purpose situated in villages Kharghar and Kamothe, minimum market value fixed by the Division Bench of this Court is Rs.18/- per sq. meter. Village Pawane is much closer to villages Kharghar and Kamothe as compared to villages Savli and Dive. Village Sanpada is close to village Pawane. Both the villages abutt the Thane Belapur road. 8 It is well settled that determination of the market value under section 23 of the said Act always involves an element of a guess work. Looking to the decisions of this Court to which the reference is made and considering the location of village Pawane, the market value fixed at the rate of Rs.13/- per sq. meter is certainly reasonable and no interference is called for in that behalf. There is no dispute as regards grant of statutory benefits. Hence, there is no merit in the appeal and the same is accordingly dismissed with no order as to costs. JUDGE