ash 1 fa-921.92withCrossobjections-group IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 921 OF 1992 Haribhai Shankar Patil & Others. .. Appellants. Vs The Special Land Acquisition Officer, Metro Centre No.7, New Panvel. .. Appellant -- Shri S.M. Gorwadkar for the Appellants. Shri A.R. Patil, AGP for the Appellant-State. -- WITH FIRST APPEAL NO. 770 OF 1995 The State of Maharashtra. .. Appellant Vs Smt. Jeejabai Dattatraya Patil .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. -- WITH FIRST APPEAL NO.771 OF 1992 WITH CROSS OBJECTION ST. NO. 790 OF 2008 The State of Maharashtra. .. Appellant Vs Pandurang Ramchandra Patil .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. Shri Rajiv Patil for Respondent. -- ash 2 fa-921.92withCrossobjections-group WITH FIRST APPEAL NO. 772 OF 1995 The State of Maharashtra. .. Appellant Vs Shri Anant Krishna Patil & Ors. .. Respondents -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.S. Kulkarni for the Respondents. -- WITH FIRST APPEAL NO. 1133 OF 1995 Shri Anant Krishna Patil & Others. .. Appellants Vs The State of Maharashtra. .. Appellant -- Shri S.S. Kulkarni for the Appellants. Shri A.R. Patil, AGP for the Respondent-State. -- WITH FIRST APPEAL NO. 773 OF 1995 WITH CROSS OBJECTION ST. NO. 796 OF 2008 The State of Maharashtra. .. Appellant Vs Pandurang Ramchandra Patil .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. Shri Rajiv Patil for the Respondent. -- WITH FIRST APPEAL NO. 774 OF 1995 The State of Maharashtra. .. Appellant Vs Jeejabai Dattatraya Patil .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. -- ash 3 fa-921.92withCrossobjections-group WITH FIRST APPEAL NO. 775 OF 1995 The State of Maharashtra. .. Appellant Vs Shri Anant Krishna Patil & Anr. .. Respondents -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.S. Kulkarni for Respondents. -- WITH FIRST APPEAL NO. 776 OF 1995 The State of Maharashtra. .. Appellant Vs Shri Nathuram Shivram Madhavi & Ors. .. Respondents -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.S. Kulkarni for the Respondents. -- WITH FIRST APPEAL NO. 777 OF 1995 The State of Maharashtra. .. Appellant Vs Ramchandra Kana Koli. .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.S. Kulkarni for the Respondent. -- WITH FIRST APPEAL NO. 778 OF 1995 The State of Maharashtra. .. Appellant Vs Shri Yeshwant Pandu Patil .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.S. Kulkarni for the Respondent. -- ash 4 fa-921.92withCrossobjections-group WITH FIRST APPEAL NO. 779 OF 1995 WITH CROSS OBJECTION ST. NO. 792 OF 2008 The State of Maharashtra. .. Appellant Vs Shewantabai Pandurang Patil, since deceased Through her Legal Representatives - 1) Prakash Pandurang Patil & Others. .. Respondents -- Shri A.R. Patil, AGP for the Appellant-State. Shri Rajiv Patil for Respondent No.1. -- WITH FIRST APPEAL NO. 780 OF 1995 The State of Maharashtra. .. Appellant Vs Shri Anant Krishna Patil & Ors. .. Respondents -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.S. Kulkarni for the Respondents. -- WITH FIRST APPEAL NO. 16 OF 1996 WITH CROSS OBJECTION ST. NO. 27342 OF 2007 State of Maharashtra .. Appellant Vs Bhalchandra Vasant Patil. .. Respondent -- Shri A.R. Patil, AGP for the Appellant-State. Shri S.V. Sadavarte for the Respondent. -- CORAM : A.S. OKA, J DATED : 17TH FEBRUARY, 2011 ash 5 fa-921.92withCrossobjections-group ORAL JUDGMENT : . These appeals can be disposed of by a common judgment. The challenge in these Appeals and the Cross Objections is to the judgments and awards made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired lands are situated at village Ulve,Taluka Panvel, District Raigad which were notified under Section 4(1) of the said Act on 3rd February, 1970 for the public purpose of setting up satellite city of New Bombay. The awards made under Section 11 of the said Act were not accepted by the Claimants and, therefore, references were made under Section 18 of the said Act by the Claimants. The market value at the rate of Rs.8/- per sq. metre was fixed by the Reference Court by the impugned awards. 2. Learned counsel appearing for the Claimants placed reliance on the judgment and order dated 12th April, 2005 passed by this Court in First Appeal No.83 of 1992 and First Appeal No.959 of 1991. This Court was dealing with the appeals arising out of the awards made under Section 18 of the said Act relating to the lands at village Ulve, Taluka Panvel, District – Raigad which were notified for acquisition for the same public purpose under the notification dated 3rd February, 1970. After considering the other decisions of this Court, a finding was recorded that the market value of the acquired lands at village Ulve on the relevant date was Rs.12/- per sq. metre. The decision of this Court dated 12th April, 2005 has attained finality as the same has not been challenged by the State Government. 3 The aforesaid decision of this Court will obviously apply to the present Appeals and Cross Objections. Therefore, the market value of the acquired lands will ash 6 fa-921.92withCrossobjections-group have to be fixed at Rs.12/- per sq. metre. In the circumstances, the Appeals preferred by the State Government will have to be dismissed and the Appeals/Cross objections preferred by the Claimants will have to be partly allowed. Hence, I pass the following order. ORDER (a) First Appeal Nos.921 of 1992, 770 of 1995, 771 of 1995, 772 of 1995, 773 of 1995, 774 of 1995, 775 of 1995, 776 of 1995, 777 of 1995, 778 of 1995, 779 of 1995, 780 of 1995 and 16 of 1996 are dismissed with no orders as to costs. (b) Cross Objection Stamp No.790 of 2008, Cross Objection Stamp No.796 of 2008, Cross Objection Stamp No.792 of 2008 and Cross Objection Stamp No.27342 of 2007 are partly allowed. The market value of the acquired land is fixed at Rs.12/- per sq. metre (inclusive of the market value offered by the Special Land Acquisition Officer). The Claimants will be entitled to proportionate costs of the Reference as well as the Cross Objections. In addition, the Claimants will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (c) First Appeal No.1133 of 1995 is partly allowed. The market value of the acquired land is fixed at the rate of Rs.12/- per sq. Metre. The Claimants will be entitled to proportionate costs of the Reference as well as the Appeal. In addition, the ash 7 fa-921.92withCrossobjections-group Claimants will be entitled to statutory benefits under Section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (d) The exercise of determining the compensation payable as per the modified awards shall be carried out by the Reference Court within a period of three months from the date on which the writ of this judgment is received by the said Court. (e) Enhanced compensation shall be deposited by the State Government within a period of three months from the date on which the compensation amount is determined by the Reference Court. (f) Civil Application No.6954 of 2008 in First Appeal No.1133 of 1995 is allowed. Amendmend to be carried out within a period of four weeks from today. ( A.S. OKA, J )