1 fa1561-02-j rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1561 OF 2002 Narayan Sitaram Gokhale ] (Since deceased through his LR's)] Smt. Nirmala Narayan Gokhale ] .. Appellants (Since deceased through her LR's)] (Orig. Claimants) Deepak Narayan Gokhale & Ors. ] V/s. 1. The State of Maharashtra ] Through the Special Land ] Acquisition Officer, Metro ] Centre No.1, Panvel, ] District – Raigad. ] 2. City and Industrial Develop- ] ment Corporation of ] Maharashtra Ltd., Belapur ] .. Respondent Navi Mumbai – 400 614. ] (Orig. opponent) ..... Mr. R. V. Pai a/w. Mr. B. R. Pai and Mr. M Chetiwal i/b. Mr. S. M. Kamble for the appellants. Mr. A. R. Patil, AGP for the respondent No.1 – State. Mr. G. S. Hegde i/b. M/s. G. S. Hegde & Associates for the respondent No.2. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 12, 2011. ORAL JUDGMENT : Heard the learned counsel appearing for the appellants and the learned counsel appearing for the second respondent and the 2 fa1561-02-j learned AGP for the first respondent – State. 2. The challenge in this Appeal is to the Judgment and Award dated 12th January, 2000 passed by the Reference Court in the Reference under Section 28(A)(3) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The Reference Court decided the Land Acquisition Reference No.126 of 1994. The Reference related to various lands at Panvel, Taluka Panvel, District Raigad totaling admeasuring 67010 square meters consisting of various Survey numbers and Hissa numbers. A notification under Section 4(1) of the said Act was issued on 3rd February, 1970 by which the lands were notified for the public purposes of setting up the satellite city of Navi Mumbai. An Award under Section 11 of the said Act was made in the year 1993. The appellants did not apply for a Reference under Section 18(1). But, on the basis of the Award made in a Reference under Section 18 of the said Act in relation to another land acquired under the same notification, an Application was made under Sub Section 1 of Section 28(A) for re-determination of compensation. Accordingly, an Award under Section 28(A)(2) was made on 17th September, 1994 by which the market value was offered in respect of one survey number which was adjacent to Bombay Pune National Highway at Rs.20/- per square metre and in 3 fa1561-02-j respect of the other survey numbers, the market value was offered at the rate of Rs.7/- per square metre. The present Reference was made under Sub Section 3 of Section 28(A) wherein the appellants sought the market value at the rate of Rs. 60/- per square meters. It must be noted here that the appellants have 1/4th share in the market value . 3. In the present case, the Award under Sub Section 2 of Section 28(A) is made on 17th September, 1994. The Reference Application has been filed on 29th October, 1994. The Reference Court recorded a finding that the notice under Section 12(2) was served on 18th September, 1994, therefore, by the impugned Judgment and Award, the Reference was held as barred. 4. The learned counsel appearing for the appellants and the learned AGP appearing for the State of Maharashtra have perused the record and both of them have pointed out that the notice under Section 12(2) appears to have been served to the original appellant on 17th September, 1994. If the limitation is computed on the basis that the notice was served on 18th September, 1994, then the Reference Application filed on 29th October, 2994 is filed within stipulated period of six weeks. As it is not disputed that the notice was infact served on 18th September, 1994, the finding 4 fa1561-02-j of the Reference Court that the Reference was barred by limitation will have to be set aside. 5. Now coming to the market value, a large numbers of lands in villages Panvel and Kamothe were notified for acquisition on 3rd February, 1970 for the same public purpose. This Court has decided large number of Appeals arising out of the References under Section 18 of the said Act relating to the said villages. In the case of State of Maharashtra V/s. Prakash Vasudeo Deodhar [2008(5) BCR 708], the Division Bench of this Court dealt with the Appeals arising out the Awards made under Section 18 in relation to lands in villages Panvel and Kamothe notified on 3rd February, 1970. The Division Bench divided the lands into three categories. The first category was of lands falling within the distance of 750 metres of the National Highway for which the market value was fixed at Rs.25/- per square metre. The second category was of lands falling within the distance of 750 to 1500 metres of the National Highway for which the market value was fixed at Rs.23/- per square metre and the third category was of the lands falling beyond 1500 metres of the National Highway for which the market value has been fixed for Rs.21 per square metre. 5 fa1561-02-j 6. In the present case, the acquired land bearing survey No.51 Hissa No.3 (Part) is adjacent to the Bombay Pune National Highway. Therefore, for this piece of land, in terms of the decision of the Division Bench, the market value will have to be fixed at the rate of Rs.25/- per square metre. The remaining lands are at the distance of 1120 metres to 1480 metres from the Highway. Therefore, the said lands will fall in the category (b) where the market value fixed is Rs.23/- per square metre. The Appellants will not be entitled to benefit of Section 23(1-A) as the Award under Section 11 has been made on 12th January, 1976. 7. Hence, the Appeal must succeed in part and I pass the following order: :: O R D E R :: i. The impugned Judgment and Award in LAR No.126 of 1994 dated 11th January, 2000 is quashed and set aside and the Reference is partly allowed. ii. The Appellants shall be entitled to the total market value at the rate of Rs.25/- per square metre for the land bearing survey No.51, Hissa No.3 6 fa1561-02-j (part). For the remaining acquired lands, the appellants shall be entitled to make total value at Rs.23/- per square metre. The market value fixed as above shall be inclusive of the market value awarded by the Award under Section 28(A)(2) of the said Act. In addition, the appellants shall be entitled to statutory benefits under Section 23(2) and 28 of the Land Acquisition Act, 1894. The appellants will be entitled to proportionate costs of the Appeal and the Reference. iii. As pointed out earlier, the appellants will be entitled to 1/4th share in the compensation. iv. The total compensation payable in terms of the Award shall be computed by the Reference Court within a period of three months from the date on which the writ of the Judgment is received by the said Court. The compensation amount shall be deposited with the Reference Court within a period of three months from the date of determination. (A.S.OKA, J.) 7 fa1561-02-j