1 fa690with X obj ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.690 OF 1993 WITH CROSS OBJECTION ST.NO.16643 OF 2006 The State of Maharashtra ...Appellant vs. Smt.Laxmibai Gajanan Lad (since deceased through L.Rs.) 1a Ramkrishna Gajanan Lad 1b Vijaykumar Gajanan Lad 1c Arunkumar Gajanan Lad 1d Nandakumar Gajanan Lad 1e Hemantkumar Gajanan Lad 1f Shalini Shashikant Vanage 1g Gita Bhagwant Kale 1h Pushpalata Madhukar Chandane ...Respondents Mr.A.R.Patil, A.G.P for the appellant Mr.R.S.Thakur for the respondent Nos.1(a) to 1(h). CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 ORAL JUDGMENT : 1 The State of Maharashtra by this appeal has taken an exception to the Judgment and Award dated 27th March 1992 passed by the District Court in a reference under section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act). The acquisition relates to the land admeasuring 26,500 sq. meters at village Ulve, Taluka Panvel, District Raigad. On 4th February 1970, notification under the said Act was published by which the land was notified for the public purpose of setting up satellite city of Navi Mumbai. The Award was made by the Special Land Acquisition Officer under section 11 of the said Act. The award was not accepted and therefore, a reference was made at the instance of the respondent. By the impugned Judgment and Award, market value has been fixed at the rate of Rs.8/- per sq.meter. 2 fa690with X obj 2 The learned A.G.P appearing for the appellant submitted that there is no evidence adduced by the claimant of the comparable sale instance. He submitted that in absence of any evidence, the claimant had not discharged the burden and therefore, reference Court has committed an error by granting enhancement. The learned counsel for the respondent submitted that in case of lands situated in the same village which were notified for acquisition on the same date, the market value has been fixed by this Court at the rate of Rs.12/- per sq meter. He, therefore, submitted that the appeal be dismissed and the cross objection be allowed. 3 I have considered the submissions. By way of cross objection, the respondents have claimed market value at the rate of Rs.20/- per sq. meter. Vast lands in ninety six villages in Taluka Thane, District Thane and Taluka Panvel District Raigad were notified between the year 1967 to 1972 for acquisition for setting up satellite city of Navi Mumbai. This Court had an occasion to deal with the Award under section 18 of the said Act made in relation to lands admeasuring 5 acres and 30 gunthas situated at village Ulve, Taluka Panvel District Raigad which were notified under section 4 of the said Act on 4th February 1970 for the same purpose. This Court has considered the other decisions of this Court relating to market value of the land in the adjoining village Targhar. This Court came to the conclusion that the market value of lands in village Ulve on the relevant date was Rs.12/- per sq. meter. The said decision of this Court in First Appeal Nos.83 of 1992 and 959 of 1991 delivered on 12th February 2003 has become final in the sense that the same has not been challenged. There is no reason why the said decision should not be applied to the 3 fa690with X obj present case. There is no dispute about the grant of statutory benefits. Hence, the appeal deserves to be dismissed and the cross objection deserves to be partly allowed. 4 Hence, I pass the following order : i) First Appeal no.690 of 1993 is dismissed with no order as to costs. ii)Cross Objection St.No.16643 of 2006 is partly allowed. iii)The market value of the acquired land is fixed at the rate of Rs.12/- per sq. meter which will be inclusive of the market value offered by the Special Land Acquisition Officer. iv)In addition to the market value, the claimants will be entitled to statutory benefits under section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894. v) The claimants will be entitled to proportionate costs of the cross objection and reference. vi)Exercise of determining the compensation amount payable as per the modified Award shall be completed by the Reference Court within a period of three months from the date on which writ of this Judgment is received by the said Court. vii)Additional compensation shall be deposited by the State Government within a period of three months from the date on which compensation amount is determined. JUDGE