1 250 fa 405.92 .doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.405 OF 1992 The State of Maharashtra ..Appellants. Vs. Shri Shankar Kashinath Deshmukh & Ors. ..Respondents. Ms. V.S.Mhaispurkar, AGP for appellants/State. Mr. D.S.Sawant for respondent nos. 1 to 4.. WITH FIRST APPEAL NO. 404 OF 1992 Shri Shankar Kashinath Deshmukh & Ors. ..Appellants. vs. The State of Maharasthra ..Respondents. Mr. D.S.Sawant for appellants. Ms. V.S.Mhaispurkar, AGP for respondents/State. CORAM : K.K.TATED, J. DATED : 13/01/2011. PC: 1 Heard learned counsel for parties. 2 First Appeal no.405 of 1992 preferred by the original respondents/State of Maharashtra against the Judgment and Award dated 8th August, 1991 passed by the IIIrd Additional District Judge, Raigadh at Alibag in Land Acquisition Reference No.314 of 1987. 2 250 fa 405.92 .doc 3 First Appeal No.404 of 1992 preferred by the original claimants against same judgment dated 8th August, 1991 passed by the IIIrd Additional District Judge, Raigadh at Alibag in Land Acquisition Reference No.314 of 1987. 4 A few facts of the matter are as under: The Special Land Acquisition Officer issued notification under section 4 of the Land Acquisition Act, dated 4th February, 1970 for acquiring claimants land for New Bombay Project from village Wadghar, taluka Panvel, district Raigad ad-measuring 4,450 square meters. 5 After following due process of law Special Land Acquisition Officer passed award dated 22nd September, 1986 and awarded compensation in respect of acquired land at the rate of Rs.6,500/- per acre. 6 Being aggrieved by the said award dated 22nd September, 1986 the original claimants preferred Reference under section 18 of the Land Acquisition Act and claimed enhanced compensation at the rate of Rs.20/- per square meter. 7 In the said reference, the Reference Court awarded enhanced compensation at the rate of Rs.10/- per square meter. 8 State of Maharashtra as well as claimants preferred above mentioned appeals. 3 250 fa 405.92 .doc 9 The learned AGP appearing on behalf of appellants/State of Maharashtra in First Appeal No.405 of 1992 submitted that the reference court erred in coming to the conclusion that respondents/original claimants are entitled to enhanced compensation in respect of acquired land at the rate of Rs.10/- per square meter. She further submits that the respondents/claimants failed to produce any cogent evidence on record to show that they are entitled to enhanced compensation in respect of the acquired land at the rate of Rs.10/- per square meter. She further submits that the reference court mainly relied on the evidence of PW2 valuer Jeevan Kulkarni and map at Exhibit-27, report at Exhibit-26 for coming to the conclusion that respondents/claimants entitled to enhanced compensation. 10 The learned counsel appearing on behalf of claimants in First Appeal No.404 of 1992 submits that the Reference Court ought to have awarded enhanced compensation in respect of acquired land at the rate of Rs.20/- per square meter. He submits that the reference court failed to appreciate the facility available to the acquired land. He submits that PW2 Jeevan Kulkarni specifically stated in his report at Exhibit-26 that the land in question is abutting the Panvel - Uran State Highway and Bombay - Pune National Highway No.4 which is very close to the land in question. The road transport facility is also available to 4 250 fa 405.92 .doc the said land. He further stated in his report that Diwa - Panvel – Uran Railway line is very close to the land in question at 800 meters distance towards its south direction and railway station was abutting. Learned counsel on behalf of claimants submits that considering potentiality of the acquired land the reference court ought to have awarded compensation in respect of acquired land at the rate of 20/- per square meter. 11 I have gone through the record and proceedings of the present case. The issue involved in the present case is, at what rate original claimants are entitled for compensation in respect of acquired land? It is admitted fact that no one entered into witness box on behalf of State of Maharashtra. The original claimants examined the expert PW2 Jeevan Kulkarni who prepared report at Exhibit-26 and map at Exhibit-27. In his report he stated that considering the sale instances and the situation of the acquired land the market value on the date of notification under section 4 of the Land Acquisition Act was Rs.20/- per square meter. 12 The learned counsel Mr.D.S.Sawant appearing on behalf of the claimants fairly stated that this court (Coram: Abhay S.Oka, J.) in First Appeal No.835 of 1992 (The State of Maharashtra vs. Kashinath Nathu Katkari & Ors.) with First Appeal No.359 of 1992 (Kashinath Nathu Katkari & Ors. vs. The 5 250 fa 405.92 .doc State of Maharashtra) held that land acquired for New Bombay Project by notification dated 3rd February, 1970 from village Wadghar, taluka Panvel, district Raigad are entitled to compensation in respect of acquired land at the rate of Rs.12.50 ps. square meter. He also relied on the oral judgment in the matter of The Indian Standard Metal Company Ltd. Vs. The Special Land Acquisition Officer in First Appeal No.758 of 1988 alongwith Civil Application No.930 of 1992. In that First Appeal, Division Bench (Coram: P.S.Patankar & P.V.Kakade,JJ.) by oral judgment dated 3rd July, 2001 held that land from village Wadghar is entitled for compensation at the rate of Rs.12.50 paise per square meter. 13 In view of these two judgments of this court as referred above, it is not necessary to scrutinize the evidence led by the parties for considering the market value of acquired land. The Apex Court in the matter of Union of India vs. Bal Ram and another reported in AIR 2004 SC 3981 held that the best method to determine the market value of the acquired land is to take into the consideration the earlier judgments and awards from the same village and not the sale instances. Similar view was taken by our High Court in the matter of Bayaji Tatya Kalunge vs. State of Maharashtra reported in 2007 (2) All MR 316. Head note reads as under: 6 250 fa 405.92 .doc “Land Acquisition Act (1894), Ss.4(1), 18 – Acquisition of land – Claim of compensation – Parity – Lands situated in same village, acquired for same purpose under same notification – Claimants are entitled to compensation at the same rate on ground of parity. 2003 AIR SCW 5188 – Ref. to. (Para 5).” 14 Considering these facts, I do not find any substance in First Appeal No.405 of 1992 preferred by the State of Maharashtra and same is dismissed. 15 First Appeal No.404 of 1992 is partly allowed. It is held that the claimants are entitled for compensation in respect of acquired land at the rate of Rs.12.50 paise per square meter alongwith statutory benefits as per the amended provisions of the Land Acquisition Act. It is made clear that claimants are entitled to enhanced compensation after adjusting the amount already paid to them. 16 In view of the facts and circumstances of the present case, no order as to costs in First Appeal. (K.K.Tated, J.)