ash 1 fa-648.01withXObj-14049.02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO.648 OF 2001 WITH CROSS OBJECTION ST. NO. 14049 OF 2002 The State of Maharashtra, .. Appellant. Versus Shri Kalu Ladku Mhatre. .. Respondent -- Shri A.R. Patil, AGP for the Appellant. Mr. S.M.Kamble for the Respondent. -- CORAM : A.S. OKA, J DATED : 18TH MARCH, 2011 ORAL JUDGMENT : . The State of Maharashtra has taken an exception to the judgment and award dated 30th November, 1995 passed by the Reference Court in a Reference under Section 18 of the Land Acquisition Act, 1894 ( hereinafter referred to as “the said Act”). 2. The acquisition relates to the lands bearing Survey No.197 admeasuring 26.7 Ares situated at Village Pendhar, Taluka – Panvel, District – Raigad. The amount offered by the Land Acquisition Officer was not accepted by the Respondent-Claimant and, therefore, the Reference under Section 18 of the said Act has been made at the instance of the Respondent. The Reference was allowed and the market value of the acquired land at Rs.14/- per sq. metre was fixed by the ash 2 fa-648.01withXObj-14049.02 Reference Court. The Reference Court granted statutory benefits to the Respondents. The Respondent has filed cross objections claiming market value of the rate of Rs.35/- per sq. meters. 3. Learned AGP appearing for the State Government in support of the Appeal preferred by the State Government submitted that there is no evidence adduced of comparable sale instances by the Claimants and they have not discharged the burden on them. The learned counsel appearing for the Respondents placed reliance on a decision of the Division Bench of this Court decided on 16th March, 2000 in First Appeal No. 875 of 1985 ( Abdul Aziz Husenmiya Patel v. Special Land Acquisition Officer ) and other connected appeals. He submitted that by the said decision, the market value of the similarly placed acquired lands situated in the same village which were notified under the same notification was fixed at the rates ranging from Rs.19/- per sq. metres to Rs.22/- per sq. metres. He, therefore, submitted that the Claimants are entitled to enhancement in compensation. 4. I have carefully considered the submissions. It is not in dispute that the lands situated in 96 different villages of Thane and Raigad Districts were notified in between the years 1968 to 1972 for the purposes of setting up of a satellite city of New Bombay. First ash 3 fa-648.01withXObj-14049.02 Appeal No. 875 of 1985 ( Abdul Aziz Husenmiya Patel v. Special Land Acquisition Officer) and other connected Appeals arose out of the awards made by the Reference Court in respect of the lands situated at villages Pendhar, Taloja, Panchand, Owe, Belpada and Kharghar, Taluka – Panvel, Distirct- Raigad, which were notified on 3rd February, 1970 for the same public purpose. Paragraph 7 of the said decision which deals with the lands at village Pendhar reads thus : “7. So far as First Appeal No.875 of 1985 is concerned, there is acquisition of, if all, five3 lands, bearing Survey Nos.94, 95, 98 111 and 112. Having regard to the location of these lands as well as the fact that they are situated, practically abutting the Mumbai-Pune Highway, we think that the proper market value in respect of the lands should be Rs. 25.00 per sq. Meter. As regards First Appeal No. 58 of 1992, there is acquisition of seven lands bearing Survey Nos. 155/1, 157/1, 157/2, 158/2, 168/0, 184/1 and 184/2. It is seen from the Chart that these lands are situated at a distance of 480 meters from Mumbai-Pune Highway and 120 meters to the south of the Sion-Panvel Highway. The other factors in respect of these lands are almost the same as those of the lands in First Appeal No.875 of 1985. We further find that out of the above-mentioned seven lands, the lands bearing Survey Nos. 155/1, 157/1, 157/2, 184/1 and 184/2 are away from the Sion-Panvel Highway, as compared to the remaining two lands, that is Survey Nos. 158/2 and 168/0. We, therefore, propose to fix the market value of the first-mentioned five lands at Rs.20.00 per sq. Meter and that of the afore-mentioned two lands at Rs. 22.00 per sq.meter. Coming to First Appeal No. 110 of 1992, there are two lands, that is, Survey Nos. 186/4 and 230, which were acquired. Considering ash 4 fa-648.01withXObj-14049.02 their distances from the Highway as well as the other factors, we thind that the market value of the land bearing Survey No. 230 deserves to be fixed at Rs. 19.00 per sq.meter, whereas in respect of the land bearing Survey No. 186/4, the market value of this land deserves to be fixed at Rs.20.00 per sq.meter. As regards First Appeal No. 1091 of 1991 there is, only one land, that is Survey No. 113 is involved and it is touching the Pune-Mumbai Highway. Considering this factor, as well as the other factors, we think that the market value of this land deserves to be fixed at a higher rate, which, in our opinion, will be Rs.25.00 per sq. Meter. This takes us to the last appeal in this group, that is, First Appeal No. 175 of 1989. In this appeal, there is acquisition of only six lands bearing Survey Nos. 45, 50, 51, 52, 54/2 and 182. Considering the distance from the Highway as well as the other factors, we think that the market value of Survey Nos. 45, 154/2 and 182 will have to be fixed at Rs.20.00 per sq. Meter, whereas that of the lands bearing Survey Nos. 50 and 51 and 52, which are more closer to the Highway will be Rs.22.00 per sq. Meter.” In case of lands which were situated in a close proximity of Mumbai- Pune Highway and Sion-Panvel Highway, the Division Bench of this Court has fixed the market value at the rate of Rs.22/- per sq. metre. In case the lands which were away from the Sion-Panvel Highway, the market value was fixed at the rate of Rs.19/- psm. The Division Bench made a deduction of 10% on account of development charges. The said decision has attained finality as the same has been accepted by the State Government. Therefore, while determining market value of ash 5 fa-648.01withXObj-14049.02 the acquired land in village Pendhar, the said decision will have to be followed. 5. Perusal of the evidence of Mr. Manohar Gopal Vaidya, a valuer examined by the Respondent shows that the acquired land was near the Bombay-Pune highway. However, he has not stated that the acquired land was abutting the Bombay-Pune National Highway or that it was within 430 meters from the said Highway. However, it is neither suggested nor proved that the acquired land was away from the said Highway. Therefore, market value of the acquired land may not be Rs.22/- per sq. Meter, but will be more than Rs.19/- per sq. Meter. After taking into consideration, the 10% deduction, the market value can be reasonably fixed at Rs.19/- per sq. Meter. Therefore, the Appeal must fail and the cross-objection must succeed in part. 5. Hence, I pass the following order. (i) The First Appeal No. 648 of 2001 is dismissed with no orders as to costs. (ii) The Cross Objection Stamp No. 14049 of 2002 is partly allowed. ash 6 fa-648.01withXObj-14049.02 (iii) The total market value of the acquired land is fixed at Rs.19/- per sq. metre ( inclusive of the market value offered by the Special Land Acquisition Officer ). In addition, the Respondents will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. (iv) The Reference Court shall determine the compensation payable in terms of the modified Award within a period of three months from the date on which the writ of this judgment is received by the said Court. (v) Time of three months is granted to the State Government to deposit the balance compensation amount from the date on which compensation amount is determined. (vi) The Respondents/Original Claimants will be entitled to proportionate costs of the Reference and Cross Objection. ( A.S. OKA, J )