1 fa517-02 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.517 OF 2002 ALONGWITH CROSS OBJECTION (ST.) NO.32518 OF 2004 The State of Maharashtra .. Appellant V/s. Anant Ganpat Patil .. Respondent .... Mr. A. R. Patil, AGP for the applicant – State. Mr. Sachin Chauhan for the respondent. .... CORAM : A.S.OKA, J. DATE : JUNE 20, 2011. ORAL JUDGMENT : Heard the learned AGP appearing for the appellant and the learned counsel appearing for the respondent. By the impugned Award dated 28th April, 2000, the learned Additional District Judge, Raigad at Alibag has decided a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The Reference was made at the instances of the respondent. The acquired land is situated at village Navade, Taluka Panvel, District Raigad. The land was notified under Section 4(1) of the said Act on 3rd February, 1970 for the public purpose of setting up of satellite city of Navi Mumbai. Compensation offered by the Special Land Acquisition Officer 2 fa517-02 by Award under Section 11 of the said Act was not accepted by the respondent claimant and at his instances, the Reference under Section 18 was made. By the impugned Award, the market value has been fixed by the Reference Court at the rate of Rs.19/- per square meter. In addition, statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act have been granted. There is a Cross Objection being Cross Objection Stamp No.32518 of 2004, by which the respondent is claiming the market value at the rate of Rs.40/- per square meter. The learned AGP appearing for the appellant State of Maharashtra submitted that the respondent has not adduced evidence of any comparable sale instances. He submitted that the evidence adduced by the respondent is not sufficient to justify grant of market value at the rate of Rs.19/- per square meter. The learned counsel appearing for the respondent relied upon a decision of the this Court dated 16th September, 2004 in First Appeal No.423 of 1996 and other connected Appeals. Relying upon the said decision, he submitted that the market value ought to have been fixed at the rate of Rs.25/- per square meter. He also relied upon a decision of this Court in the case of State of Maharashtra V/s. Atmaram Narayan Shetye (First Appeal No.68 of 1992). He lastly relied upon a decision of the Division Bench in First Appeal No.601 of 1991 [State of Maharashtra V/s. Prabhakar Bhagwan Patil and others]. 3 fa517-02 2. I have considered the submissions. In case of State of Maharashtra Vs. Chandrakant Bhiva Patil (Supra), the Division Bench was dealing with a land from village Navade which was notified for acquisition on 3rd February, 1970 for the same public purpose. The Division Bench relied upon the earlier decision of the Division Bench in First Appeal No.757 of 2003. Relying upon the said decision, the Division Bench had fixed the market value of the acquired land at the rate of Rs.25/- per square meter. The land subject matter of the said Appeal was at the distance of 200 meters from the Bombay Pune National Highway. 3. In case of State of Maharashtra V/s. Atmaram Narayan Shetye (Supra), the land acquired was from village Navade which was notified on the same date. The said land was abutting Bombay Pune National Highway and, therefore, the learned Single Judge fixed the market value at the rate of Rs.30/- per square meter for the said land. 4. In case of the State of Maharashtra V/s. Prabhakar Bhagwan Patil & Ors. (Supra), the Division Bench was dealing with the acquisition of land at village Navade which was notified on 3rd February, 1970. The said land was at the distance of 500 meters from Bombay Pune National Highway. The Division Bench fixed the market value at the rate of Rs.25/- per square meter. 4 fa517-02 5. Turning to the facts of the present case, the acquired land is situated at the distance of 250 meters from the said National Highway. Therefore, the decision of the Division Bench will squarely apply which awards the market value of Rs.25/- per square meters to a land at village Navade, which is within the distance of 500 meters from the said Highway. In the instant case, there is no dispute about the statutory benefits. Hence, Appeal must fail and the Cross Objection must succeed in part. 4. Hence, I pass the following order: :: O R D E R :: i. First Appeal No.517 of 2002 is dismissed with no order as to costs. ii. Cross Objection Stamp No.32518 of 2004 is partly allowed. The total market value payable to the respondent-claimant is fixed at Rs.25/- per square meter. In addition, the respondent/claimant is entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act. The claimant will be entitled to proportionate costs of the Reference as well as the Cross Objection. 5 fa517-02 iii. The exercise of determination of compensation payable as per the modified Award shall be carried out by the Reference Court within a period of three months from the date on which the writ of this Judgment is received by the said Court. iv. Excess amount shall be deposited by the State Government within a period of three months of the date on which compensation amount is determined by the Reference Court. (A.S.OKA, J)