-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 FIRST FIRST FIRST APPEAL NO.566 OF 1991 APPEAL NO.566 OF 1991 APPEAL NO.566 OF 1991 The State of Maharashtra ...Appellant vs. 1.Kisan Ambaji Patil (since deceased through his LRs) 1a) Ramubai Kisan Patil 1b) Meghnath Kisan Patil 1c) Subhash Kisan Patil 2. Barkabai Ambaji Patil (since deceased through her LRs.) 2/a-i) Jayawanti Jagannath Patil 2/a-ii Meghnath Kisan Patil 2/a-iii Subhash Kisan Patil 2/a-iv Ramubai Kisan Patil 2/b Bayabai Gajana Owalekar 2/c Namubai Chimaji Madhavi 2/d Chandrakala Chandrakant Gawand 3. Bayabai Gajanan Owalekar 4. Namubai Chimaji Madhavi 5. Ganubai Ambaji Patil ...Respondents WITH WITH WITH FIRST FIRST FIRST APPEAL NO.732 OF 1991 APPEAL NO.732 OF 1991 APPEAL NO.732 OF 1991 1.Kisan Ambaji Patil (since deceased through his LRs) 1a) Ramubai Kisan Patil 1b) Meghnath Kisan Patil 1c) Subhash Kisan Patil 2. Barkabai Ambaji Patil (since deceased through her LRs.) 2/a-i) Jayawanti Jagannath Patil 2/a-ii Meghnath Kisan Patil 2/a-iii Subhash Kisan Patil 2/a-iv Ramubai Kisan Patil 2/b Bayabai Gajana Owalekar 2/c Namubai Chimaji Madhavi 2/d Chandrakala Chandrakant Gawand 3. Bayabai Gajanan Owalekar 4. Namubai Chimaji Madhavi 5. Ganubai Ambaji Patil ...Appellants -2- vs. The State of Maharashtra ...Respondent Mr.Rajiv Patil for Appellants in F.A.No.732 of 1991 and for the Respondents in F.A.No.566 of 1991 Ms G.P.Mulekar A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 11, 2008. : MARCH 11, 2008. : MARCH 11, 2008. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. The submissions of the learned counsel for the parties were heard on 13th February 2008 and today the Appeals are kept for the dictation of Judgment. 2. The Appeals can be disposed of by a common Judgment and Order as the challenge in both the Appeals is to the same Judgment and Award dated 27th June 1990 passed by the learned Joint Civil Judge, Senior Division, Raigad in L.A.R.no.155 of 1986. The aforesaid reference was made under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as "the said Act"). The acquisition relates to the land admeasuring 11310 sq.meters situated at Sonkhar, Taluka Panvel, District Raigad. A notification under section 4 of the said Act was issued on 3rd February 1970 by which the said land was notified for the public purpose of setting up a satellite city of Navi Mumbai. The Award under section 11 of the said Act was made on 4th August 1986. In the reference, the claimants claimed compensation at the rate of Rs.60,000/- per acre. By the impugned Judgment and Award, the market value of the acquired land has been fixed at the rate of Rs.12/- per square metre. The claimants have been granted statutory benefits -3- under the said Act. First Appeal No.566 of 1991 is preferred by the State of Maharashtra for quashing and setting aside the Award. First Appeal No. 732 of 1991 has been preferred by the claimants for seeking enhancement in market value. 3. The learned counsel for the claimants has invited my attention to the oral and documentary evidence on record. He invited my attention to the report of Shri Jeevan Narayan Kulkarni at Exh.16 as well as the map prepared by Shri Kulkarni at Exh.18. He placed reliance on the Judgment dated 18th December 2003 of this Court in case of Smt.Yamuna Naik Vs. State of Maharashtra in First Appeal No.111 of 1996. He pointed out that by the said Judgment this Court disposed of the Appeals arising out the awards made under section 18 of the said Act relating to lands at village Targhar, Taluka Panvel, District Raigad which were notified on the same date i.e. 3rd February 1970 for the same public purpose. He pointed out that village Targhar is similarly situated as the Village Sonkhar and therefore, the said decision of this Court which holds that the market value of the acquired land at village Targhar was Rs.15/- per square metre will squarely apply to village Sonkhar. He submitted that the market value fixed by the said decision is after deducting Rs.2/- per square metre on account of development charges. 4. The learned A.G.P for the State of Maharashtra submitted that village Targhar is not situated close to village Sonkhar. -4- He submitted that the market value of the land at village Sonkhar will be less than the market value of the land at village Targhar. He invited my attention to the evidence of one of the claimants Shri Kisan Ambaji Patil. He submitted that the acquired lands are agricultural lands. He submitted that village Sonkhar is situated at a remote place and therefore in absence of any evidence of comparable sale instances, even the market value at the rate of Rs.12/- per square metre is not justified. He submitted that in case of adjoining village Ulve which is better located than village Sonkhar, this court in the case of Janu Patil Vs. State of Maharashtra (First Appeal No.83 of 1992) fixed the market value of the land at village Ulve at Rs.12/- per square metre. 5. By way of reply, the learned Counsel for the claimants invited my attention to the said Judgment dated 12th April 2005 in First Appeal No.83 of 1992 which records that the village Ulve is very nearer to Panvel than village Targhar. He submitted that considering the location of village Sonkhar, the market value at the rate of Rs.15/- per square metre will have to be fixed. 6. I have carefully considered the submissions. The claimants examined Shri Kisan Ambaji Patil. The claimants also examined Shri Jeevan Narayan Kulkarni as an expert witness. The said Kisan Patil stated that there is a creek adjacent to Ulve village. He stated that village Ulve is at -5- the short distance from the acquired lands. He stated that there is a port at village Ulve which is a bigger port than the port at Panvel. He stated that Manglore tiles were brought by sea and said tiles are unloaded at Ulve Port. He also stated that the salt and rice were supplied to southern Konkan through Ulve Port. 7. He stated that the acquired lands are on the same level and before 1970, the claimants were taking paddy crops on the acquired lands. He stated that the bus service of the Maharashtra State Road Transport Corporation was available to the adjoining Ulve village. In the cross examination he admitted that the distance between the acquired lands and creek was one furlong and in between the creek and acquired lands, there were agricultural lands. He admitted that none of the lands at village Sonkhar and Targhar were converted into non agricultural use. He admitted that there is a bandh erected to protect the entry of water of high tide. In the cross examination he admitted that village Sonkhar is not a revenue village, but it is recorded in the revenue Department. He stated that the lands at village Sonkhar are under operation of village Ulve and Wahal. He stated that the towns Panvel and Uran are at a distance of 15 to 16 kilometers away from village Sonkhar. 8. Shri Jeevan Narayan Kulkarni also deposed about the location of village Sonkhar. In paragraph 2 of his deposition -6- he stated thus : "2...Village Sonkhar is situated in between village Ulve and Targhar which is just south side. Village Sonkhar is accessible by village Targhar-Vahal road which connects to Panvel-Ulve road as well as Panvel Uran road. M.I.D.C. pipe line is passing through village Sonkhar. Panvel which is nearest Urban centre is at a distance of 8 kilometre from village Sonkhar. Village Sonkhar is connected to Bombay also by sea. People were using Boats as a mode of transport. Due to situation of village Sonkhar with reference to Panvel town. Uran Town and the developments that was existing prior to 1970. I am of the opinion that the lands were enjoying N.A. potentiality for residential, commercial as well as industrial use. In the census of 1961 village Ulve, Sonkhar, etc. were included in Urban Agglomeration. Similarly in the regional plan prepared by the Government and published in the month of January 1970. These areas were shown for two city development..." In the cross examination the witness stated thus : "4. Village Sonkhar is towards south side to village Ulve and abutting to village Ulve. The Sonkhar village is surrounded by village Wahal to the west, village Ulve is to the north Bambavi is to the east and village Padeghar is to the south-east. Gaothan Ulve and Gaothan Sonkhar -7- at a distance of one k.m. apart." According to the said witness Shri Kulkarni, the market value of the acquired land was Rs.15/- per square meter on the relevant date. The said witness proved his report in evidence as well as the map drawn by him which is at Exh.17. Perusal of the said map shows that the village Targhar is abutting village Ulve on its northern side. Village Sonkhar is abutting village Ulve on its southern side. Thus, village Ulve is in between the villages Targhar and Sonkhar. Thus, village Sonkhar is adjacent to village Ulve and it is not adjacent to village Targhar. 9. It will be necessary to refer to the decision of the learned Single Judge in the case of Yamuna Naik (supra). In the said Judgment it is mentioned that village Targhar is at the distance of 8 kilometres away from Panvel Town. It is stated that Uran-Panvel road passes around the said village. It is stated that there is a road which starts from Ulve-Targhar-Jetty and meets the Uran Panvel Road. 10. In the report at Exh.16, filed in the present case, Shri Jeevan Kulkarni has stated that village Sonkhar is at the distance of 9 kilometres from Panvel town. He has stated that Uran-Panvel Road passes through Ovale village which is at the distance of 4 kms from Sonkhar Gaothan. -8- 11. Thus, village Targhar is situated closer to Panvel Town than the village Sonkhar. This aspect becomes clear even from the map produced and proved by Shri Jeevan Narayan Kulkarni. The village Targhar has better connection of roads available as compared to village Sonkhar. Considering all these aspects, it is very difficult to compare the lands at village Targhar with the lands at village Sonkhar. The village Ulve is abutting village Sonkhar and Targhar. Considering the geographical location and other aspects, the lands at village Ulve can be said to be comparable with the lands at village Sonkhar. The learned Single Judge of this court in the case of Janu Patil (supra) has fixed the market value of lands at village Ulve which were notified for the same public purpose on the same date at the rate of Rs.12/- per square meter. The learned Single Judge has also considered the fact that for the lands at village Targhar this court has fixed the market value at the rate of Rs.15/- per square meter. 11. As stated earlier, village Sonkhar is adjacent to village Ulve which is on its southern side. Taking an overall view of the matter, the market value of the land at village Sonkhar can be at Rs.12/- per square meter and it will not exceed Rs.12/- per square meter. 12. In the result it is very difficult to find fault with the impugned Judgment and Award and the same deserves to be confirmed. -9- 13. Hence, I pass the following order : . First Appeal Nos.566 of 1991 and 732 of 1991 are hereby dismissed with no order as to costs. JUDGE JUDGE JUDGE