:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 276 OF 1993 FIRST APPEAL NO. 276 OF 1993 FIRST APPEAL NO. 276 OF 1993 Bhalchandra G. Bahira since deceased through his legal heirs Smt. Sharda Bhalchandra Bahira & ors. ..Appellants versus The Special Land Acquisition Officer, Panvel ..Respondents Ms. S. J. Patwardhan i/b. D. N. Salvi and P. K. Limaye for the Appellants. Mr. S. N. Gawade, AGP for the Respondents - State. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 7TH MARCH ,2005 DATE : 7TH MARCH ,2005 DATE : 7TH MARCH ,2005 ORAL ORDER : ORAL ORDER : ORAL ORDER : 1. Heard learned counsel for the parties. 2. This Appeal is filed by the Appellants for enhancement of compensation from Rs.10/- per sq. meter to Rs.20/- per sq. meter. The SLAO awarded compensation at Rs.8/- per sq. meter. The claimants had claimed Rs.20/- per sq. meter but the :2: Reference Court awarded only Rs.10/- per sq. meter. 3. The land acquired is situate at Takka, near Panvel and the area of the acquired land is 4250 sq. meters. The notification under section 4 was dated 3.2.1970. The Reference Court awarded Rs.2/- in addition to whatever was awarded by the SLAO on the basis of the findings of Expert Jeevan Kulkarni but the claimants are not satisfied by that meager and minor enhancement and therefore they have filed this Appeal. 4. I had decided number of appeals from these villages which were near to Panvel and the only criteria that was adopted, on the basis of the Judgment of the Division Bench in First Appeal No. 875 of 1985 and 30 other First Appeals with 4 Cross Objections dated 16th March 2000, was proximity of the acquired land from Bombay Panvel National Highway. 5. Expert Jeevan Kulkarni has stated that he has given relevant distances in his report. In para 9 of the judgment of the Reference Court, the court observed as under: "So far as enhancement of the rate is "So far as enhancement of the rate is "So far as enhancement of the rate is concerned, valuation report and the map concerned, valuation report and the map concerned, valuation report and the map drawn by the valuer Shri Kulkarni will have drawn by the valuer Shri Kulkarni will have drawn by the valuer Shri Kulkarni will have :3: to be referred. On going through the map at to be referred. On going through the map at to be referred. On going through the map at Exh. 17 and valuation report at Exh. 18 it Exh. 17 and valuation report at Exh. 18 it Exh. 17 and valuation report at Exh. 18 it is clear that Bombay Poona Highway, Jawahar is clear that Bombay Poona Highway, Jawahar is clear that Bombay Poona Highway, Jawahar Industrial Estate, Panvel S.T.Stand, Panvel Industrial Estate, Panvel S.T.Stand, Panvel Industrial Estate, Panvel S.T.Stand, Panvel Industrial Estate, Panvel Railway Station, Industrial Estate, Panvel Railway Station, Industrial Estate, Panvel Railway Station, I.T.I. Panvel and Takka Gaothan are within I.T.I. Panvel and Takka Gaothan are within I.T.I. Panvel and Takka Gaothan are within the limits of 400 meters to 4000 meters from the limits of 400 meters to 4000 meters from the limits of 400 meters to 4000 meters from the land under reference." the land under reference." the land under reference." The aforesaid observations are on the basis of the valuation report Exhibit 18. But Exhibit 18 has given those distances specifically and clearly and the distances of the acquired land from the aforesaid land marks are as under: Bombay Pune Highway 0480 meters Jawahar Co-op. Ind. Estate 4000 meters MIDC Indus. Estate, Taloja 0007 K.Mtrs. Panvel S.T. Stand 0800 Meters Panvel Ind. Estate 1280 Meters Panvel Municipal Limit (within limits) Panvel Railway Station 0400 Meters Panvel Extended Municipal Limits I.T.I. Panvel 0640 Meters Takkyo Gaothan 0160 Meters It will be clear from the aforesaid description given by the Expert Jeevan Kulkarni that not only :4: the land is near from the National Highway but it is also near from the important land marks. 6. Therefore the claimants were justified in making the claim at Rs.20/- per sq. meter. 7. Learned AGP tried to contend that in the Reference the claimants had claimed only Rs.12/- per sq. meter. This is not a correct position. They had demanded Rs.12/- in addition to what has been awarded by the SLA0, therefore claimants have claimed for Rs.20/- per sq. meter. 8. Since the criteria of proximity from the National Highway is to be adopted, and since the acquired land was at a distance of only 480 meters from Bombay Pune National Highway, and since on that criteria the Division Bench has enhanced compensation, this appeal is required to be allowed. Therefore, the order: ORDER ORDER ORDER . Appeal is allowed. . Award of granting compensation at Rs.10/- per sq. meter is modified and it is declared that the claimants will be entitled to compensation at Rs.20/- per sq. meter i.e. Rs.10/- in addition to what has been awarded by the Reference Court. Consequently all the benefits under Section 23(1)(a) and 28 of Land Acquisition Act, will also be :5: proportionately enhanced or increased. However, no order as to costs. 7.03.2005 (D.G. DESHPANDE, J.)