1 206 FA.905.11 w 780.97.doc ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 905 OF 2011 WITH CROSS OBJECTION (stamp) NO. 15588 OF 2011 The State of Maharashtra. ... Appellant Versus Gotiram Vithal Patil. ... Respondent WITH FIRST APPEAL NO. 780 OF 1997 WITH CROSS OBJECTION (stamp) NO. 15842 OF 2011 The State of Maharashtra. ... Appellant Versus Govind Balu Patil (since deceased) Through Legal Heirs: Shantaram Govind Patil. ... Respondent -------- Mr. A.R.Patil, AGP for the Appellant / State. Mr. R.S.Ghadge for the Respondent. -------- CORAM : A.S.OKA, J. DATE : 08 th August, 2011. ORAL JUDGMENT: 2 206 FA.905.11 w 780.97.doc 1 These two appeals can be disposed of by a common judgment. Both the appeals arise out of references under Section 28(A-3) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquisition relates to lands at village Kharghar, Taluka Panvel, District Raigad, which was notified under Section 4(1) of the said Act on 3 rd February, 1970 for the public purpose of setting up satellite city of new Bombay. Tough the Respondents – Claimants did not prefer any application under Section 18 of the said Act, on the basis of the award made in Land Acquisition Reference No.219 of 1986, the Respondents applied for redetermination of compensation under Section 28 (A) (1) of the said Act. The market value of Rs.8/- per square meter was offered under the award made on redetermination. The Respondents did not accept the awards and therefore, at their instance, reference under Section 28 of the said Act was made. The Reference Court granted the market value of Rs.15/- per square meter and granted statutory benefits under Section 23(1- A), Section 23 (2) and Section 28 of the said Act. 3 206 FA.905.11 w 780.97.doc 2 The learned AGP appearing for the Appellant submitted that the Respondents – claimants did not adduce any evidence of any comparable sale instance and in absence of any such evidence, the market value fixed at the rate of Rs.15/- per square meter is excessive. 3 The learned counsel appearing for the Respondents in support of the cross objection submitted that the market value atleast at the rate of Rs.22/- per square meter ought to have been granted. He placed reliance on a decision of the Division Bench of this Court in the case of Abdul Aziz Husenmiya Patel Vs. Special Land Acquisition Officer (First Appeal No.875 of 1985 and other connected First Appeals). The said decision dated 16 th March, 2000 dealt with the lands notified under Section 4(1) of the said Act on 3 rd February, 1970 situated at villages Kharghar, Pendhar, Taloja etc. The said lands were notified for the public purpose of setting up satellite city of new Bombay. In paragraph No.11 of the said decision, the Division Bench dealt with the lands situated at villages Belpada and 4 206 FA.905.11 w 780.97.doc Kharghar. Paragraph No.11 of the said decision reads thus: “11. In the last group of appeals, there are three appeals, one of which is filed by the State. The lands in these appeals are situated at village Belpada and Kharghar and in the map they are shown in orange colour. In First Appeal No.1038 of 1988, there is only one land bearing Gat No.17, Hissa No.0. It is found to be abutting the Sion-Panvel Highway. We, therefore, fix the market value of this land at Rs.22.00 per sq. meter. As regards the First Appeal No.601 of 1991, there is only one land involved and it is Survey No.248 Hissa No.1+2+4. On examining its location, it is found that it is away from the Sion-Panvel Highway as well as the Taloja Industrial Estate. Considering these factors as well as the other factors mentioned in the Chart, we think that the appropriate market value of these lands deserves to be fixed at Rs.18.00 per sq. meter.” After fixing the market value as aforesaid, the Division Bench directed that 10% deduction should be made on account of development charges. 4 Perusal of the evidence of the claimants in Land Acquisition Reference No.26 of 1993 (subject matter of First appeal No.780 of 1997) shows that the lands subject matter in these two appeals were situated adjacent to each other. The lands are situated 5 206 FA.905.11 w 780.97.doc at a distance of 800 meters from the Sion – Panvel highway. In terms of paragraph No.11 of the said decision of the Division Bench of this Court, the market value will have to be fixed at the rate of 18 per square meter. The decision of the Division Bench has attained finality in the sense that the State Government has accepted the said decision. 10% deduction will have to be made on account of development charges. After making deduction of 10% , the market value will be Rs.16.20 per square meter. 5 Hence, I pass the following order: i. First Appeal No.905 of 2011 and First appeal No.780 of 1997 are dismissed with no order as to costs ; ii. Cross Objection (stamp) No.15588 of 2011 and Cross Objection (stamp) No.15842 of 2011 are partly allowed. The total market value payable in respect of the acquired lands will be at the rate of Rs.16.20 per square meter ; iii. In addition, the claimants will be entitled to 6 206 FA.905.11 w 780.97.doc statutory benefits under Section 23 (1-A), Section 23 (2) and Section 28 of the Land Acquisition Act, 1894 ; iv. The claimants will be entitled to proportionate costs of the reference as well as the cross objections ; v. The exercise of determining the compensation payable in terms of the modified award shall be completed by the Reference Court within a period of three months from the date of which writ of this judgment is received by the said Court ; vi. The excess amount shall be deposited by the State Government with the Reference Court within a period of three months from the date on which the said determination is made ; and vii. Civil Application No.7220 of 1997 does not survive and the same is disposed of. [ A.S.OKA, J ]