1 J-FA 223 and ors OF 2001 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 223 OF 2001. 1. Gulam Mohd Usman Mulla 1a. Smt Khatunbibi Wife. 1b. Saifulla Gulam Mohammad Mulla son 1c. Smt. Khurshidbibi Gulam Mohammad Mulla 1d. Smt. Fayaja Munaf Pittu, 1e. Abdul Karim Gulam Mohammad Mulla 1f. Inayatulla Gulam Mohammad Mulla 1g. Bashir Ahmed Gulam Mohammad Mulla 1h. Smt. Sakila Gulam Mohammad Mulla, 1i. Smt. Khaduma Aslam Pansare, 1j. Smt. Amina Bital Patel, 1k. Muzammil Gulam Mohammad Mulla .. Appellants -versus Special Land Acquisition Officer, Metro Centre, No.5, Panvel .. Respondent. WITH FIRST APPEAL NO. 224 OF 2001. 1. Gulam Mohd Usman Mulla 1a. Smt Khatunbibi Wife. 1b. Saifulla Gulam Mohammad Mulla son 1c. Smt. Khurshidbibi Gulam Mohammad Mulla 1d. Smt. Fayaja Munaf Pittu, 1e. Abdul Karim Gulam Mohammad Mulla 1f. Inayatulla Gulam Mohammad Mulla 1g. Bashir Ahmed Gulam Mohammad Mulla 1h. Smt. Sakila Gulam Mohammad Mulla, 1i. Smt. Khaduma Aslam Pansare, 1j. Smt. Amina Bital Patel, 1k. Muzammil Gulam Mohammad Mulla .. Appellants -versus Special Land Acquisition Officer, Metro Centre, No.5, Panvel .. Respondent. WITH FIRST APPEAL NO. 284 OF 2000. 2 J-FA 223 and ors OF 2001 The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre, Panvel) .. Appellant -versus 1. Gulam Mohd Usman Mulla, 2. Khalilul Rahiman Mahamad Usman Mulla .. Respondents WITH FIRST APPEAL NO.319 OF 2000 The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre, Panvel) .. Appellant -versus 1. Gulam Mohd Usman Mulla 1a. Smt Khatunbibi Wife. 1b. Saifulla Gulam Mohammad Mulla son 1c. Smt. Khurshidbibi Gulam Mohammad Mulla 1d. Smt. Fayaja Munaf Pittu, 1e. Abdul Karim Gulam Mohammad Mulla 1f. Inayatulla Gulam Mohammad Mulla 1g. Bashir Ahmed Gulam Mohammad Mulla 1h. Smt. Sakila Gulam Mohammad Mulla, 1i. Smt. Khaduma Aslam Pansare, 1j. Smt. Amina Bital Patel, 1k. Muzammil Gulam Mohammad Mulla 2. Khalilul Rahiman Mahamad Usma Mulla Respondents Mr. A. N. Maniyar, for the Appellants in First Appeal No.223 of 2001, 224 of 2001 and for respondent Nos 1a to 1k and 2 in First Appeal Nos 284 of 2000 and 319 of 2000 Mr. Mr. A.R. Patil, AGP for the respondent State in Appeal Nos 223 of 2001 and 224 of 2001 and for appellant State in Appeal Nos 284 of 2000 and 319 of 2000. CORAM: A. S. OKA, J. DATED: 20th April, 2011 3 J-FA 223 and ors OF 2001 COMMON JUDGMENT 1. These Appeals can be conveniently disposed of by a common Judgment. These appeals take exception to the Judgments and Awards under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 2. The LAR no.276 of 1987 relates to lands at village Taloja, Taluka Panvel, District Raigad notified for acquisition under section 4(1) of the said Act on 3rd February 1970 for the public purpose of setting up the satellite city of New Bombay. By Judgment and Award dated 18th November 1997, the Reference Court fixed the market value of the acquired lands at Rs.15/-per square meter. In addition, statutory benefits were granted under sections 23(1-A), 23(2) and 28 of the said Act. The First Appeal No.223 of 2001 has been preferred by the Claimants seeking market value at Rs 30/- per square meter. The First Appeal No.284 of 2000 has been preferred by The State of Maharashtra for challenging the same Judgment and Award. 3. The LAR no.277 of 1987 relates to lands at village Taloja, Taluka Panvel, District Raigad notified under section 4(1) of the said Act on 3rd February 1970 for the public purpose of setting up the satellite city of New Bombay. By 4 J-FA 223 and ors OF 2001 Judgment and Award dated 24th October 1997, the Reference Court fixed the market value of the acquired lands at Rs.15/- per square meter. In addition, statutory benefits were granted under sections 23(1-A), 23(2) and 28 of the said Act. The First Appeal No.224 of 2001 has been preferred by the Claimants seeking market value at Rs 30/- per square meter. The First Appeal No.319 of 2000 has been preferred by The State of Maharashtra for challenging the same Judgment and Award. 4. The learned counsel appearing for the Claimants relied upon several decisions of this Court including a decision in First Appeal No.252 of 1994 (Mohammed Sadique Badruddin Patel vs. The State of Maharashtra) decided on 10th March 2005 in support of the claim for enhancement. The learned AGP submitted that the Claimants have not adduced evidence of any comparable sale instances and have failed to discharge burden on them. He submitted that impugned Awards deserve to be set aside. 5. I have given careful consideration to the submissions. Lands in 96 villages in Thane and Raigad Districts were notified for acquisition in the year 1970 for the New Bombay project. This Court has decided several appeals arising out of the Awards made under section 18 of the said Act in relation to lands in said villages. In First Appeal No. 252 of 1994, this Court dealt with the issue of market value of a land situated in village Taloja notified under section 4(1) on 5 J-FA 223 and ors OF 2001 the same date and for the same public purpose. This Court held that the market value of the land situated at the distance of 500 meters from Bombay Pune National Highway was Rs. 25/-per square meter. The said decision is based on a decision of a Division Bench of this Court which has attained finality. Therefore, the present appeals will be governed by the said decision. 6. In the present case it is brought on record in the cross-examination of expert valuer Shri Ranade examined by the Claimants that the acquired lands were at a distance of about 70 meters from the Highway. Therefore, the market value will have to be fixed at Rs.25/- per square meter. There is no dispute about the grant of statutory benefits. Hence, the Appeals by the State must fail and the Appeals by the Claimants must succeed. 7. Hence, I pass the following order. (a) First Appeal Nos 319 of 2000 and 284 of 2000 are dismissed with no orders as to costs. (b) First Appeal Nos 223 and 224 of 2001 are partly allowed and award made in Land Acquisition Reference Nos 276 of 1987 and 277 of 1987 are modified. (c) The market value of the acquired lands is fixed at the rate of Rs.25/- per square 6 J-FA 223 and ors OF 2001 meter, Claimant will be entitled to all statutory benefits under Sections 23(1- A), 23(2) and 28 of the Land Acquisition Act, 1894. (d) Claimant will be entitled to proportionate costs of the Reference as well as proportionate costs of the First Appeal Nos 223 of 2001 and 224 of 2001. (e) Exercise of determining the compensation amount payable in terms of modified awards shall be completed by the trial Court, within a period of three months from the date of receipt of writ of this judgment. Time of three months is granted to deposit the additional compensation amount from the date of determination of the amount. (A. S. OKA, J.)