: 1 : Dixit 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.550 OF 1991 FIRST APPEAL NO.550 OF 1991 FIRST APPEAL NO.550 OF 1991 WITH WITH WITH CROSS OBJECTION NO.29785 OF 1991 CROSS OBJECTION NO.29785 OF 1991 CROSS OBJECTION NO.29785 OF 1991 The State of Maharashtra ...Appellant V/s. 1. Keshav Dayaram Mhatre . 2. Anusaya Kana Mungaji ...Respondents Mr.S.N. Gawade, AGP, for the Appellant. Mr.S.M. Gorwadkar, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 15TH JANUARY, 2008. DATE : 15TH JANUARY, 2008. DATE : 15TH JANUARY, 2008. JUDGMENT: JUDGMENT: JUDGMENT: 1. Heard Advocates appearing for the parties. The appellant-State of Maharashtra has taken an exception to the judgment and award dated 24th April, 1990 passed by the learned Joint Civil Judge, Senior Division, Alibag, District Raigad in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). 2. The land subject matter of the Appeal is Survey No.69, Hissa No.3A and Survey No.88 having area of 2 acres and 2 gunthas i.e. 8410 square meters. The acquired land is situated at Village Ulwe, Taluka : 2 : Panvel, District Raigad. A notification under Section 4 of the said Act was issued on 3rd February, 1970 notifying the said land for acquisition for the public purpose of setting up of a satellite city of Navi Mumbai. 3. The award under Section 11 of the said Act was made on 1st September, 1986. The respondents-claimants did not accept the award and at their instance a Reference was made in which the market value @ Rs.15/- per square meter was claimed. 4. The Reference Court, by the impugned judgment and award, has fixed the market value @ Rs.8/- per square meter and has granted all statutory benefits to the respondents-claimants. 5. The submission of the learned AGP for the appellant is that compensation awarded is excessive and it cannot be justified on the basis of the evidence on record. By way of Cross Objection, the respondents have claimed market value @ Rs.15/- per square meter. The Advocate for the respondents has placed reliance on a decision of this Court dated 12th April, 2005 in First Appeal No.83 of 1992 (Janu Raghu Patil & Another V/s. State of Maharashtra) and other : 3 : connected Appeals. It is submitted that the decision in the present Appeal and Cross Objection will be governed by the said decision. 6. I have carefully considered the submissions. It is not in dispute that the decision of this Court in the case of Janu Raghu Patil (Supra) relates to acquisition of a land at Village Ulwe which was notified under the same notification dated 3rd February, 1970 for the same public purpose. In the Cross Appeals preferred by the State Government as well as the claimants, this Court fixed the market value of the lands at Village Ulwe @ Rs.12/- per square meter. 7. It is not in dispute that vast tracts of lands at various villages such as Panvel, Pendhar, Kamothe, Taloja, Ulwe etc. situated in Taluka Panvel, District Raigad were notified for the same public purpose by a notification of the same date. All the acquired lands in the said villages at the relevant time were agricultural lands. Considering this undisputed factual aspect, the decision of this Court in the case of Janu Raghu Patil (Supra) will be certainly relevant for deciding the market value in the present case. In fact, there is no reason to make a departure from the : 4 : view taken by this Court by fixing market value @ Rs.12/- per square meter. As the Award under Section 11 has been made in the year 1986, there is no dispute regarding grant of statutory benefits. 8. Hence I pass the following order:- "O R D E R" "O R D E R" "O R D E R" (a). First Appeal No.550 of 1991 is dismissed. There is no order as to costs. (b). Cross Objection is partly allowed. The impugned judgment and award is modified and it is held that a market value of the acquired land is Rs.12/- per square meter. In addition to the market value, the claimants-respondents will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. The respondents will be entitled to proportionate costs of the Reference as well as Cross Objections. (c). The Reference Court will calculate the compensation amount payable to the : 5 : respondents-claimants on the basis of this Judgment within a period of four months from the date of receipt of the writ of the Judgment. (d). Writ of the judgment and record and proceedings to be sent immediately. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]