1 fa362-583-93j rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 362 OF 1993 The State of Maharashtra .. Appellant V/s. Gama Babu Patil & Ors. .. Respondents Mr. A. R. Patil, AGP for the appellant. Mr. V. S. Kapse for respondent Nos. 1 to 3. ALONGWITH FIRST APPEAL NO. 583 OF 1993 Gama Babu Patil & Ors. .. Appellants V/s. The State of Maharashtra .. Respondent ..... Mr. V. S. Kapse for the appellants. Mr. A. R. Patil, AGP for the respondents. .... CORAM : A.S.OKA, J. DATE : JUNE 20, 2011. ORAL JUDGMENT :- These two Cross Appeals can be disposed of by a common judgment as the same arise out of the same impugned Judgment and Award under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). 2. The acquisition relates to the land at Village Owe, Taluka 2 fa362-583-93j Panvel, District Raigad which was notified for acquisition under Section 4(1) of the said Act for setting up the satellite city of Navi Mumbai. Award under Section 11 of the said Act made in the year 1986 was not accepted by the claimants. Therefore, at their instance, a reference under Section 18 of the said Act was made. The claimants claimed the market value at the rate of Rs.20/- per square meter. By the impugned Judgment and Award, the reference Court fixed the market value at the rate of Rs.10/- per square meter and has granted statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act. First Appeal No.362 of 1993 has been preferred by the State Government for challenging the Award. The First Appeal 583 of 1993 has been preferred by the claimants seeking enhancement in the market value at the rate of Rs. 40/- per square meters. 3. The learned counsel appearing for the claimants placed reliance on a the decision of this Court in the case of Abdul Aziz Hussainmiya Patel V./s. Special Land Acquisition Officer (First Appeal No.875 of 1985 and other connected matters) decided on 16th March, 2000. He submitted that in view of the said decision, the claimants will be entitled to minimum market value at the rate of Rs. 13/- per square meter. The learned AGP appearing for the State Government submitted that the claimants have not adduced 3 fa362-583-93j evidence in the form of comparable sale instances. Hence, no case has made out for grant of enhancement. 4. I have considered the submissions. In the case of Abdul Aziz (Supra), a Division Bench of this Court dealt with Awards under Section 18 of the said Act in relation to the lands at villages Pendhar, Chal, Taloja, Owe etc., in Taluka Panvel District Raigad which were notified under Section 4 (1) on 4th February, 1970 for the same public purpose. In paragraph No.10 of the said decision, the Division Bench fixed the market value of the lands at village Owe at the rate of Rs.13/- per square meter. The Division Bench fixed the market value in respect of the lands at village Owe which were away from the Highway, Railway Station, gaothan and industrial estate. In the present case, the claimants have examined Mr. Jeevan N. Kulkarni, an expert valuer. In his examination-in-chief, he is not come out with the case that the acquired land was situated in the close proximity of the Highway, Railway Station, gaothan or industrial estate. Even, one of the claimants stepped into the witness box. He has not deposed to that effect. In the cross-examination, the claimant admitted that the acquired land had no direct access. He admtited that there was no direct electricity and water supply to the acquired land. He admitted that the commercial activities and Bazar for the village Owe is at Panvel and Panvel is at 4 fa362-583-93j the distance of 15 kilometer away from the village. Therefore, in this case, the decision of the Division Bench will apply and market value will have to be fixed at the rate of Rs.13/- per square meter. 5. The Division Bench made a deduction of 10% for development charges. After making such deduction, the rate of market value will be Rs.11.70 per square meter. Hence, I pass the following order: :: O R D E R :: i. First Appeal No.362 of 1999 is dismissed with no order as to costs. ii. First Appeal No.583 of 1993 is partly allowed. iii. Total market value is fixed at the rate of Rs.11.70 per square meter. iv. The impugned Award relating to statutory benefits is maintained. v. Claimants are entitled to proportionate costs of First Appeal No.583 of 1993 as well as proportionate costs of the Reference. vi. Exercise of determining the compensation payable in terms of modified Award shall be completed by the Reference Court for a period of three months 5 fa362-583-93j from the date on which the writ of this Judgment is received by the said Court. vii. Excess amount shall be deposited with the Reference Court within a period of three months from the date on which the compensation amount is determined by the reference Court. (A.S.OKA, J)