1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LAND ACQUISITION REFERENCE NO. 91 OF 1987 The Special Land Acquisition Officer (7) ...Claimants And Byramjee Jeejeebhoy Pvt. Ltd. ...Claimant Vs. Bombay Municipal Corporation ...Acq. Body Mr.Rajesh Shah a/w. Mrs. Rajeeta R. Matkar, for Claimants Mr. U.J.Makhija a/w. Mr. H.C. Pimple, Acq. Body Mr. R.J. Mane, AGP for SLAO CORAM : SMT. ROSHAN DALVI, J. DATED : 29TH MARCH, 2010 P.C. : 1. This is a reference under Section 18 for enhancement of the Award passed by Special Land Acquisition Officer (SLAO) upon an Award passed pursuant to the notification under Section 6 of the Land Acquisition Act which came to be made on 16 th July 1984 and published on 2 nd August 1984. 2 nd August 1984 is, therefore, the relevant date to compute the market value of the suit land which is required to be paid by the Respondent Acquiring Authority to the Petitioners. 2 2. The Petitioners have led their evidence of their officer and the Valuer. The oral evidence of both these persons would not determine any market value of the suit land. The evidence, is therefore, entirely redundant. 3. The market value of the suit land can be determined by seeing similar contracts/agreements of parties in respect of lands nearby the suit land on or around the relevant date. No such transfer with regard to any such land near the suit land is also produced. 4. The only evidence relied upon by the Petitioners is under the judgment of this Court dated 17 th October 2005 in Land Acquisition Reference No. 77/1987. In that reference Justice Khanvilkar has considered the market price of the land on 3 rd August 1982 with reference to a land in the nearby area called Bandivali land. Considering the value of such land Justice Khanvilkar has increased the price awarded by the SLAO at Rs.155/- per sq. mtr of the land as fair market price to Rs.185/- per sq. mtr. That is approximately 20% increase. 5. In this case the SLAO has determined the fair market value of the suit land considering the market value of the Bandivali land at the rate of Rs.155/- per sq. mtr. This was considered by the SLAO upon reference and reliance upon such market value placed by the Petitioners as well as the Respondents. The SLAO has also considered the sole instance shown to him. That does not show any additional market value and none is relied upon by the Petitioners in this Reference. 3 6. Considering the Land Acquisition Award approved by the Competent Authority in that case at the rate of Rs.150/- per sq. mtr and also considering the sizes, shapes, situation, access, development and the time gap of 2 years the SLAO has granted enhanced market rate of Rs.282/- per sq. mtr as the fair market value in this case. No error in determining such market value is seen. However, only in view of the fact that Justice Khanvilkar upon considering the Bandivali land whilst determining the fair market value of the other acquired property in reference No.77/1987 has granted an additional Rs.30/- per sq. mtr., thus rising the fair market value by 20%, the Petitioners also claim 20% increase in the market rate fixed by the SLAO. The SLAO has considered Rs.282/-as the fair market value and deducted Rs.107/- as the expenses which would be incurred by the acquiring authority for filling the pitches in the land. The petitioners have no grievance in respect of the expenses. The 20% increase claimed by the Petitioners would rise the market value from Rs.175/- per sq. mtr., Rs. 210/- per sq. mtr., after deducting the expenses allowed by the SLAO. 7. The order of Justice Khanvilkar has not been challenged. However Mr. Makhija argued that the order has an error. It has considered Bandivali land which was incomparable since it was an industrial land. Nevertheless the respondents, who were the acquiring body in that reference, have accepted the judgment. Consequently, the fair market value in the interest of their fairness and justice would be 20% more than the market value fixed by the SLAO based an upon the market rate of R.155/- which was fixed in that area. 4 8. Consequently, the fair market value to be paid to the Petitioners would be at the rate of Rs.210/-per sq. mtr. The Petitioners would be entitled to the said market value at the agreed rate of interest at 4% p.a thereon. Order accordingly. 9. The Petitioners shall submit the required calculations based upon this market value. (SMT. ROSHAN DALVI, J.)