1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 277 OF 1995 (Arising out of L.A.R. No.80 of 198) ALONGWITH FIRST APPEAL NO. 278 OF 1995 (Arisising out of L.A.R.No. 161/87) WITH FIRST APPEAL NO. 279 OF 1995 (Arising out of L.A.R.No.79/1988) WITH FIRST APPEAL NO. 281 OF 1995 (Arisig out of L.A.R.No.36/88) WITH FIRST APPEAL NO. 508 OF 1995 (Arising out of L.A.R.No.14/88) WITH FIRST APPEAL NO. 510/1995 (Arisig out of L.A.R.No.14/88) WITH FIRST APPAL NO. 330/2009 (Arising out of L.A.R.No.5/99) WITH FIRST APPEAL NO. 463/1996 (arising out of L.A.R.No.99/88) WITH FIRST APPEAL NO. 667/2008 (Arising out of L.A.R.No.12/88) 2 FIRST APPEAL NO. 277 of 1995 The State of Maharashtra (Through the Special Land AcquisitioN Officer, Thane.) ... Appellant (Orig. Opponent) vs. 1. Shri Shantaram pawashya Madhavi 2. Shri Tukaram Pawashya Madhavi. .. Respndents FIRST APPEAL NO. 278 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. Kisan Kalya Madhavi .. Responden FIRST APPEAL NO. 279 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, No.1, Thane.) ... Appellant (Orig. Opponent) vs. Kisan Kalya Madhavi ... Respondent 3 FIRST APPEAL NO. 281 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. 1) Mangalibai Chander Madhavi 2. Mankubai Shankar Patil. ... Respndents (org.claimants) FIRST APPEAL NO. 508 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. Shri Jivandas J. Madhavi. ... Responent FIRST APPEAL NO. 510 OF 1995 The State of Maharashtra (Through the Special Land Acquisition Officer, , Thane.) ... Appellant (Orig. Opponent) Vs. Sahdeo Rajaram madhavi. .. Respondent 4 FIRST APPEAL NO. 330 OF 2009 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. Shri Vithal Tukaram Patil ... Respondent (Org.claimant) FIRST APPEAL NO. 463 OF 1996 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.III, Thane.) ... Appellant (Orig. Opponent) Vs. Aitwar Mahadu Koli (since deceased through his heirs and legal representatives): 1. Shri Ganpat Itwar Koli 2. Shri Pardsh Itwar Koli 3. mt. Sakhubai Dhondu Koli 4. Shri Eknath Dhondu Koli. 5. Shri Bharat Dhondu Koli 6. Shri Satyawan Dhondu Koli 7. Smt. Kamala narayan Bahire 8. Smt. Jayashri Bhagwan patil 9. Smt. Dropadabai Sadu Madhavi 10. Smt. Parvati Balaram Madhavi 11. Smt. Anandi Krshna Kharpatil 12. Smt. Vithabai Dhanaji Koli 13. Shri Dwarkanath Sukir Patil 14. Shri Dinanath Sukir Patil 5 15. Shri Balaji Sukir Patil 16. Shri Bhagwan Sukir Patil 17. Shri Hiraman Sukir Patil 18. Smt. Laxmibai harishchandra Mukadam All residig at Dive, Tal & Dst.Thane. ..Respondents (org. claimants) FIRST APPEAL NO. 667 OF 2008 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.I, Thane.) ... Appellant (Orig. Opponent) Vs. Vitthal Tukaram Patil. .. Respndent (Org. claimant) Ms. S.P.manchekar, AGP, for the Appellant-State in all the appeals. Mr.Sandesh D. Patil a/w. Prashant Jadhav, Advocate for respondent in FA.No. 667/08. CORAM: J.H.BHATIA,J. DATE : 24th September, 2009. JUDGMENT 1. All these Appeals may be disposed of by this common Judgment as the land acquired in all these matters is situated at Village Dive in District Thane. 2. In all these matters, for establishment of a satellite city to be known 6 as “New Bombay” a Notification under Section 4 of the Land Acquisition Act was issued for acquisition of the lands. The Special Land Acquisition Officer passed the awards on different dates during the years 1974, 1985 and 1986. In the first matter, the Special Land Acquisition Officer fixed the market value at rs. 3.70 per sq. mtr. In one matter, the market value as fixed between Rs.2/- to Rs. 3.70 per sq. mtr. while in the remaining matters, the market value was fixed at Rs. 2/- per sq. mtr. The claimants being not satisfied with the compensation awarded, made Reference Applications under section 18 of the Land Acquisition Act. After hearing the parties all these three matters were decided by the Extra Joint Judge,Thane. In first 8 matters, the Reference Court fixed the market value at Rs. 10/- per sq. mtr. while in First Appeal No.667 of 2008, the market value was fixed at Rs.12/- per sq. mtr. and accordingly the compensation was awarded. The State has preferred the Appeals against the enhancement of compensation in all these matters. 3. The learned AGP has pointed out that in First Appeal No.2188 of 2005, the State of Maharashtra vs. Ramchandra Naik & Ors. decided on 10.10.2007 by this Court (Coram: Anoop V. Mohta J.). It was held that village Dive is adjacent to villages Koper Khairane and Ghansoli, which are also situated in Taluka and District Thane. Relying on the earlier judgment in No.813/93, 7 wherein this Court had confirmed the market value at Rs.10/- per sq. mtr. for the lands acquired at Koper Khairane, the learned Judge held that the compensation awarded at the same rate i.e. Rs.10/- per sq. mtr. for the lands at Village Dive is also reasonable and therefore, the market value fixed by the Reference Court needs no interference. All these present Appeals are squarely covered by the Judgment in F.A. No.2188 of 2005 and therefore it must be held that the market value of the land acquired in all these matters should be Rs.10/- per sq. mtr. In first 8 matters, the Reference Court had fixed the market value at Rs.10/- per sq. mtr. and therefore needs no interference. However, in First Appeal No.667 of 2008, the market value was fixed at Rs.12/- per sq. mtr. It is more than the rate fixed in respect of the other lands in the same village. Therefore, in that Appeal also, the market value will have to be fixed at Rs.10/- per sq. mtr. instead of Rs. 12/- as granted by the Reference Court. 4. For the aforesaid reasons, F.A. Nos.277 of 1995, 278/95, 279/95, 281/95, 508/95,510/95, 330/2009 and 463/96 stand dismissed. 5. First Appeal No.667 of 2008 is allowed and the impugned award stands modified to the extent that the market value of the land shall be Rs.10/- per sq. mtr and the compensation shall be calculated accordingly. There shall be no 8 order as to costs. (J.H.BHATIA,J.)