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.495 OF 1992 APPEAL NO.495 OF 1992 APPEAL NO.495 OF 1992 WITH WITH WITH CROSS-OBJECTION CROSS-OBJECTION CROSS-OBJECTION (ST) NO.14599 OF 1993 (ST) NO.14599 OF 1993 (ST) NO.14599 OF 1993 The State of Maharashtra ) ...Appellant Versus Shri Krishna Kamalya Choudhari ) ...Respondent ALONGWITH ALONGWITH ALONGWITH FIRST FIRST FIRST APPEAL NO.499 OF 1992 APPEAL NO.499 OF 1992 APPEAL NO.499 OF 1992 WITH WITH WITH CROSS-OBJECTION CROSS-OBJECTION CROSS-OBJECTION (ST) NO.14597 OF 1993 (ST) NO.14597 OF 1993 (ST) NO.14597 OF 1993 The State of Maharashtra ) ...Appellant Versus 1. Krishna Kamalya Choudhari, ) 2. Kachar Kamalya Choudhari, ) 3. Smt.Anusaya Kamlaya Choudhari) Occ: Agriculturists, ) R/o.:Valvali, Tal: Panvel ) District Raigad. ) ...Respondents ALONGWITH ALONGWITH ALONGWITH FIRST FIRST FIRST APPEAL NO.203 OF 1993 APPEAL NO.203 OF 1993 APPEAL NO.203 OF 1993 WITH WITH WITH CROSS-OBJECTION CROSS-OBJECTION CROSS-OBJECTION (ST) NO.27163 OF 1993 (ST) NO.27163 OF 1993 (ST) NO.27163 OF 1993 The State of Maharashtra ) ...Appellant Versus Lahu Tukaram Patil ) ...Respondent ALONGWITH ALONGWITH ALONGWITH FIRST FIRST FIRST APPEAL NO.297 OF 1995 APPEAL NO.297 OF 1995 APPEAL NO.297 OF 1995 WITH WITH WITH CROSS-OBJECTION CROSS-OBJECTION CROSS-OBJECTION (ST) NO.27794 OF 1995 (ST) NO.27794 OF 1995 (ST) NO.27794 OF 1995 The State of Maharashtra ) ...Appellant Versus 1. Krishna Kamalya Choudhari, ) 2. Kachar Kamalya Choudhari, ) 3. Smt.Anusaya Kamlaya Choudhari) Occ: Agriculturists, ) R/o.:Valvali, Tal: Panvel ) District Raigad. ) ...Respondents --- Ms G.P.Mulekar, A.G.P for the Appellant in First Appeal Nos.495 of 1992 and 499 of 1992. : 2 : 2 : 2 : Mr B.H.Mehta, A.G.P for the Appellant in First Appeal Nos.203 of 1993 and 297 of 1995. Shri S.Y.Amare for the Respondent/Respondents in all the four Appeals. --- CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 12th MARCH, 2008. : 12th MARCH, 2008. : 12th MARCH, 2008. ORAL ORAL ORAL JUDGMENT: JUDGMENT: JUDGMENT: 1. These appeals can be disposed of by a common judgment and order as the subject matter of these appeals are the lands situated at village Valavali, Taluka Panvel, District Raigad which were notified under the same notification dated 03rd February, 1970 under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) for public purpose of setting up of satellite city of Navi Mumbai. The appeals take exception to the judgments and awards under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). The references have been made at the instance of the respondents-claimants. By the impugned judgments and awards, market value has been fixed at the rate of Rs.12/- per sq meter. In addition to the market value, statutory benefits under section 23(1-A), 23(2) and 28 of the said Act have been granted to the respondents- claimants. There are cross-objections filed in these appeals by which claim is made at the rate of Rs.20/- : 3 : 3 : 3 : per sq meter. 2. The learned Assistant Government Pleader appearing for the appellant-State of Maharashtra in support of the appeals submitted that the market value at the rate of Rs.12/- per sq meter fixed by the reference Court is on the higher side. It is submitted that there is no evidence adduced by the respondents-claimants of comparative sale instances. The submission of learned A.G.P is taht the market value granted is excessive. 3. The learned advocate appearing for the respondents-claimants has placed reliance on a decision of learned single Judge of this Court dated 22nd April, 2004 in First Appeal No.25 of 1993 (The State of Maharashtra Vs. Ramdas Patil). He pointed out that by the said decision, market value in respect of a land in the same village notified under the same notification has been fixed by this Court at the rate of Rs.15/- per sq meter. He submitted that the lands which are subject matter of these appeals are better located than the lands subject matter of First Appeal No.25 of 1993 and therefore, the respondents will be entitled to market value at a rate which is more than Rs.15/- per sq meter. : 4 : 4 : 4 : 4. I have considered the submissions. The First Appeal No.25 of 1993 arose out of an award made under section 18 of the said Act relating to the land bearing survey No.10, Hissa No.1 admeasuring 6450 sq meters situated at village Valavali, Taluka Panvel, District Raigad. The said land was also notified for acquisition under the said notification dated 03rd February, 1970 for the same public purpose. After considering the location of village Valavali and various facilities which were available in the said village at the relevant time and after considering the evidence of an expert witness, this Court held that the market value of the acquired land was Rs.15/- per sq meter. A deduction was made by the learned single Judge on account of development charges and ultimately the market value was fixed at the rate of Rs.14/- per sq meter. 5. Perusal of the evidence on record shows that the claimants in these appeals examined the same expert valuer Shri Jeevan Narayan Kulkarni whose evidence has been considered by the learned single Judge in the aforesaid decision. From the perusal of the evidence of Shri Kulkarni as well as the evidence of the witness examined by the claimants shows that there is no : 5 : 5 : 5 : significant difference between the acquired land subject matter of these appeals and the acquired land subject matter of the appeal before the learned single Judge. 6. As pointed out earlier, the learned single Judge dealt with a case of an agricultural land from the same village which was acquired for the same purpose under the same notification. In these appeals the lands subject matter of acquisition are also agricultural lands. The decision of the learned single Judge has attained finality. Therefore, the market value of the acquired lands in these cases will have to be determined on the basis of the said decision of this Court. Hence after making a deduction on account of development charges the market value in these cases will have to be fixed at the rate of Rs.14/- per sq meter. There is no other independent evidence of the sale instances produced by the respondents-claimants to prove that the market value of the acquired lands was more than Rs.14/- per sq meter. It must be noted here that the said decision in First Appeal has attained finality in the sense that neither State Government nor the acquiring body has challenged the said decision. 7. Hence, the appeals preferred by the State : 6 : 6 : 6 : Government must fail and cross-objection filed by the respondents must succeed. 8. Hence, I pass the following order: (i) The First Appeal Nos.495 of 1992, 499 of 1992, 203 of 1993 and First Appeal No.297 of 1995 are hereby dismissed with no orders as to costs. (ii) Cross-objections preferred in the aforesaid appeals are partly allowed. The impugned judgments and awards are modified by holding that market value of the acquired lands will be at the rate of Rs.14/- per sq meter. In addition to the market value, the claimants will be entitled to statutory benefits under section 23(1A), 23(2) and 28 of the Land Acquisition Act, 1894. (iii) The claimants will be entitled to proportionate costs of the reference as well as cross-objections from the State of Maharashtra. : 7 : 7 : 7 : (iv) The reference Court will complete the exercise of calculating the compensation payable to the claimants in terms of modified award within a period of four months from the date of receipt of writ of this judgment. (v) Writ and Record and Proceeding be sent down immediately. Judge. Judge. Judge.