prash 1 fa-16,449,647,1021and1035.01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO.16 OF 1999 with C.A.NO. 372 OF 2001 FIRST APPEAL NO.449 OF 2001 with C.A. NO. 9464 OF 1999 FIRST APPEAL NO.647 OF 2001 with C.A. NO. 2747 OF 1998 FIRST APPEAL NO.1021 OF 2001 with C.A. NO. 1002 OF 2000 & FIRST APPEAL NO.1035 OF 2001 with C.A NO. 7694 OF 1999 FA NO. 16 OF 1999 The State of Maharashtra, .. Appellant Vs Ramdas Joma Kadu .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri Omkar Waranje i/by Ms Madhavi Mhatre for the Respondent. -- FA NO. 449 OF 2001 The State of Maharashtra, .. Appellant Vs Shri Abdul Hamid Mohamad Yusuf Mukari & Ors. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. None for the Respondents. -- FA NO. 647 OF 2001 The State of Maharashtra, .. Appellant Vs Shri Krishna Rama Mhatre. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Shri Rajiv Patil for the Respondent. -- prash 2 fa-16,449,647,1021and1035.01 FA NO. 1021 OF 2001 The State of Maharashtra, .. Appellant Vs Indira Anant Gujare @ Wani & Others. .. Respondents -- Shri A.R. Patil, AGP for the Appellant. -- FA NO. 1035 OF 2001 The State of Maharashtra, .. Appellant Vs Shalik Padya Gaikar. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. -- CORAM : A.S. OKA, J DATED : 18TH MARCH, 2011 ORAL JUDGMENT : . Heard learned AGP for the Appellant and the learned counsel appearing for the Respondents in First Appeal No. 16 of 1999 and First Appeal No. 647 of 2001. These Appeals can be disposed of by a common judgment. These Appeals arise out the awards made in References under Section 28(A-3) of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). 2. The acquired lands are situated at Village Kharghar, Taluka – Panvel, District – Raigad, which were notified on 3rd February, 1970 for the public purpose of setting up satellite city of New Bombay. The Respondents-Claimants did not prash 3 fa-16,449,647,1021and1035.01 apply for reference. However, they applied for re-determination of compensation in accordance with Section 28(A) of the said Act. The re-determination made by the Special Land Acquisition Officer was not accepted by the Claimants, at their instance the References were made under Section 28(A-3) of the said Act. 2. By the impugned award subject matter of First Appeal No.16 of 1999, the market value has been fixed at the rate of Rs.17/- per sq. metre. In case of the award subject matter of First Appeal No.449 of 2001, the market value has been fixed at Rs.19/- per sq. metre. The same market value has been fixed in the awards subject matter of First Appeal No. 1021 of 2001 and First Appeal No.1035 of 2001. The market value has been fixed at Rs.17/- by award subject matter of challenge in First Appeal No.647 of 2001. 2, A Division Bench of this Court in the case of Abdul Aziz Husenmiya Patel v. Special Land Acquisition officer in First Appeal No.875 of 1985 and other connected Appeals had an occasion to decide the Appeals arising out of References under Section 18 of the said Act relating to the lands at Villages Pendhar, Taloja, Panchand, Owe, Belpada, Pendhar and Kharghar in Tauka – Panvel, District - Raigad which were notified for acquisition on 3rd July, 1970 for the same public purpose. While dealing with the market value of the lands at village Kharghar, in Paragraph 11 of the said decision, the Division Bench held thus:- “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 prash 4 fa-16,449,647,1021and1035.01 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 tht the appropriate market value of these lands deserves to be fixed at Rs.18.00 per sq. meter.” 3. In case of lands in the same village which were away from Sion- Panvel Highway as well as Taloja Industrial Estate, the market value has been fixed by the Division Bench at the rate of Rs.18/- per sq. metre and in case of the lands which were abutting the Sion-Panvel Highway, the market value has been fixed at Rs.22/- per sq. metre. As far as the land subject matter of First Appeal No.16 of 1999 is concerned, the finding is that the land was at a distance of more than 1000 meters from the said highway. Therefore, as per the decision of this Court, the market value ought to have been fixed at Rs.18/- per sq. metre However, the Refrence Court has fixed the market value at Rs.17/- per sq. metre. In First Appeal No.449 of 2001, the finding is that the acquired land is abutting Sion Panvel Highway. However, instead of Rs.22/- per sq. metre, the market value has been fixed at Rs.19/- per sq. metre. In First Appeal No.1021 of 2001, though the acquired land is not abutting Sion Panvel Highway, it is at a distance of 480 metres. Therefore, it cannot be said to be far away from Highway. Therefore, the market value will be in between Rs.18/- per sq. metre to Rs.22/- per sq. metre. The market value has been reasonably fixed at the rate of Rs.19/- per sq. metre. The same is the case with a location of the land subject matter of First Appeal No.1035 of 2001. prash 5 fa-16,449,647,1021and1035.01 Therefore, no fault can be found with the determination of market value by the Reference Court. As far as First Appeal No.647 of 2001 is concerned, the acquired land is at a distance of 1000 metres from Sion-Panavel Highway. The rate of Rs. 17/- per sq. metre fixed under the impugned award is less than the rate awarded by the Division Bench. 4. Hence, there is no merit in the Appeals preferred by the State Government and I pass the following order:- ORDER : (a) FIRST APPEAL NO.16 OF 1999, FIRST APPEAL NO.449 OF 2001, FIRST APPEAL NO.647 OF 2001, FIRST APPEAL NO.1021 OF 2001, and FIRST APPEAL NO.1035 OF 2001 are dismissed with no orders as to costs. (b) Civil Application Nos.372 of 2001, 9464 of 1999, 1002 of 2000, 7694 of 1999 and 2747 of 1998 do not survive and the same are disposed of. ( A.S. OKA, J )