1 fa634-02-j IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO. 634 OF 2002 1. Goma Ambo Awate ] 2. Ganu Ambo Awate ] 3. Manu Ambo Awate ] ] All – Adult, ] resident of Warose Wadi ] Taluka Khalapur, ] District – Raigad. ] .. Appellants V/s. The Special Land Acquisition ] Officer, Kal-Pralalpa Roha ] (for Morbe Dam), Roha, ] District Raigad ] .. Respondent ..... Mr. C. G. Gavnekar for the appellant. Mr. A. R. Patil, AGP for the respondent. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011 ORAL JUDGMENT :- By this Appeal, the original claimants in a Reference under Section 18 of the Land Acquisition Act 1894 (hereinafter referred to as the “said 2 fa634-02-j Act”) have taken an exception to the Judgment and Award dated 22nd December, 2000. 2. The acquisition relates to lands bearing Survey No. 54/2 and 52/0 totally admasuring 13850 square meters situated in the village Warose wadi, Taluka Khalapur, District Raigad. The Notification under Section 4(1) of the said Act was issued on 22nd February, 1990 by which the said lands were notified for the public purpose of setting up of Morbe Dam. Award under Section 11 of the said Act was made on 23rd April, 1993 by which total compensation of Rs.49,928/- was offered to the Appellants. As the Award was not accepted by the Appellants, at their instance, a Reference under Section 18 was made in which the Appellants claimed the market value at the rate of Rs.20 per square meters. By the impugned Award, the Reference Court has fixed the market value at the rate of Rs. 10/- per square meters. The present Appeal is preferred by the Appellants claiming for enhancement of the market value. 3. The learned counsel appearing for the Appellants relied upon a decision of the Division Bench dated 2nd September, 2004 in First Appeal No.953 of 2001 in the case of the State of Maharashtra V/s. Balu Bapu 3 fa634-02-j Palande and Others and other connected First Appeals. He submitted that in case of the similarly situated land in the same village this Court has fixed the market value of Rs.12/- per square meters. The learned AGP supported the impugned Judgment and Award. 4. I have given careful consideration of the submission. The acquired land is situated at Village Warose wadi, Taluka Khalapur, District Raigad. As stated earlier, the land was notified on 22nd February, 1990 under Section 4(1) of the said Act. The purpose of acquisition is for setting up Morbe Dam. In First Appeal No.953 of 2001 and other connected Appeals preferred by the State of Maharashtra against the Awards made under Section 18 of the said Act, the lands situated in same village were acquired for the same public purpose by notification dated 22nd February, 1990. In the Appeals before the Division Bench of this Court, the Reference Court had fixed the market value at the rate of Rs.60,000/- per acre. By the aforesaid Judgment of this Court, the market value was reduced to Rs.12/- per square feet i.e. Rs.48,000/- per acre. 5. In the present case, the Appellants examined Mr. Manohar Gopal Vaidya, an expert valuer as a witness. He stated in his deposition that 4 fa634-02-j from the acquired land, the Bombay Pune National Highway No.4 is at a distance of 7000 meters, Panvel Karjat road is at a distance of 6000 meters, Patalganga industrial estate is at a distance of 11000 meters, Chowk S.T. Stand is at a distance of 7000 meters, Karjat Railway station is at a distance of 12000 meters, Waroshi Wadi gaothan is abutting to the acquired land, Reliance township is a distance of 9000 meters, Karjat town is at a distance of 12000 meters, Khopoli town is at a distance of 14000 meters and Panvel town is at a distance of 15000 meters from the acquired land. 6. In First Appeal No.953 of 2001, the Division Bench has considered the location of the acquired land subject matter of the Appeals. The Division Bench relied upon another decision of Division Bench of this Court in relation to the land at village Wahal which was at the distance of 9 kilometers from Panvel. This Court had fixed the market value at Rs.5/- per square meters in respect of the said land at Wahal. After considering the evidence, in paragraph No. 6 of the said decision in First Appeal No.953 of 2001, the Division Bench held thus : “Considering the facts and taking the awards in the references, more so the market value of the village Wahal, when in 1970 the price was fixed at Rs.5/- per square meter, it could safely be said after considering all statutory 5 fa634-02-j deductions which naturally will have to be taken into account, that the market value of the land could be fixed at Rs.2.50 per square meter as of 3rd February, 1970. Considering 10% yearly increase we think it proper that the market value of the land be fixed at Rs.12/- per square meter. If that be the case, the market value per acre would be Rs.48,000/-” 7. Considering the fact that the lands subject matter of the present Appeal are situated in the same village and were acquired for the same public purpose under the Notification of the same date, there is no reason why the decision of the Division Bench should not be followed in the present case. By following the decision of the Division Bench, the market value will have to be fixed at the rate of Rs.12/- per square meter. As of today, there is no challenge by the State Government to the said decision of the Division Bench. 8. Hence, the Appeal must partly succeed to that extent. Accordingly, I pass the following order : :: O R D E R :: i. The impugned Judgment and Award is modified. ii. The Appellants shall be entitled to total market value 6 fa634-02-j of Rs.12/- per square meters. In addition to the market value, the Appellants shall be entitled to the statutory benefits under Section 22(1-A) 23(2) and Section 28 of the Land Acquisition Act, 1894. iii. The Appellants shall be entitled to proportionate costs of the Reference as well as this Appeal from the State Government. iv. The exercise of determining the compensation payable in terms of 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 this Court. The excess amount shall be deposited by the Respondents with the Reference Court within a period of three months from the date on which the amount is returned. v. The Appeal is partly allowed in the above terms. vi. If any amount payable as per the impugned Award is 7 fa634-02-j pending with the Reference Court, the Appellants will be entitled to withdraw the same with interest, if any, accrued thereon. JUDGE