1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 157 OF 1996 (arising out of L.A.R.No.88/88) with FIRST APPEAL NO. 133 OF 1996 (arising out of L.A.R.No.105/88) WITH FIRST APPAL NO. 460 OF 1996 (arising out of L.A.R.No.111/86) WITH FIRST APPEAL NO. 464OF 1996 (arising out of L.A.R.No.4/89) WITH FIRST APPEAL NO. 465 OF 1996 (arising out of L.A.R.No.129/88) FIRST APPEAL N O. 157 of 1996 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. Shri Bapu Ragho Patil Since deceased through his legal heirs: Smt. Mirabai Bapu Patil Wife, age 60 years, Girija Niwas, Near Vitthal Temple, 2 Gthivali Village, Post Ghansoli, Tal & Dist. Thane. Navi Mumbai. .. Respndent (org.claimant) Ms. S.P.Manchekar, AGP, for the Appllant-State. Mr. Sandesh D. Patil a/w. Prashant Jadhav, Advocates, fr the respondent. FIRST APPEAL NO. 133 OF 1996 1. Sukhadeo Balu Mhatre; (since deceased, his hers are brought on record 1-A) Anubai Sukhdeo Mhatre (since deceased through his L.Rs.) 1-A-i)Sudhir Sukhdeo Matre 1-A-ii) Sau. Shakuntala Shekhar Tandel 2. Vishnu Balu Mhatre (since deceased throgh his heirs) 2-A. Mirabai Vishnu Mhatre 2-B Deobai Madan Mhatre 2-C Prema Tukaram Bhoir 2-D Bharat Vishnu Mhatre 2-E Narayan Vishnu Mhatre 2-F Kanta Jayadas Kharatkar 2-G Savita Chandrakant Tandel 2-H Shakun Shekhar Tandel 3. Shri Krishna Balu Mhatre 4. Shri Dashrath Balu Mhatre 5. Smt. Chandrabai Balu Mhatre. .. Respondents (Orig.Claimants) Ms. S.P.Manchekar, AGP, for the State. Mr. Sandesh D. Patil a/w. Prashant Jadhav, Advocates, for the respondent No.1F. 3 FIRST APPEAL NO. 460/1996 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. 1. Tukaram Gana Mhatre 2. Smt. Ambibai Vallkya Patil Both adults, occ: Agricultguriists, residig at Gothivali, Tal & Dost. Thane. Respondents (Orig. claimants) Ms. S.P.Manchekar, AGP, for the State. FIRST APPEAL NO. 464 OF 1996 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.I, Thane.) ... Appellant (Orig. Opponent) Vs. 1) Shri Narayan Balaam Mhatre 2) Shri sakharam Balaram Mhatre 3) Shri Vithoba Balaram Mhatre 4) Shri Rama Balaram Mhatre 5) Shri Baliram Balaram Mhatre (since deceased through his heirs) 5(a) Smt. Nanubai Baliram Mhatre (b) Datta Baliram Mhatre (c) Pushpabai Baliram Mhatre (d) Shantibai Nandu Mhatre-Patil 4 (e) Prabhavati Namdeo Patil 6) Smt. Laxmibai Sadashiv Bhoir (since deceased through her heirs:) 6(a) Lalchand Sadashiv Bhoir (b) Naresh Sadashiv Bhoir (c) Ulhas Sadahiv Bhoir (ci) 7. Smt. Janybai Ganpat Bhoir 8. Smt. Anandibai Baliram patil 9. Smt. Savitri Sitaram Mhatre 10. Shri Jayaram Sitaram Mhatre 11. Shri Parwatibai Mohan Bhoir 12. Smt. Dropadi Ashok Gaikar 13. Smt. Thakibai Mahadeo Patil 14.Smt. Vanita Sitaram Mhatre. .. Respondents (Org. Claimants) Ms. S.P.manchekar, AGP, for the State. FIRST APPEAL NO. 465 OF 1996 The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.1, Thane.) ... Appellant (Orig. Opponent) Vs. Kabir Laxman Mhatre .. Respndent Ms. S.P.Manchekar, AGP, for the State. CORAM: J.H.BHATIA,J. DATE : 24th September, 2009. JUDGMENT 5 1. All these five Appeals may be disposed of by this common Judgment as the land acquired in all these cases is situated in the same village Gothivali, District Thane. 2. For establishment of a new satellite town to be known as “New Bombay”, Government of Maharashtra decided to acquire vast tracts of land. On 4.2.1970, a Notification was issued under section 4 of the Land Acquisition Act for acquisition of lands situate at Village Gothivali. In one of the matters, award was passed on 10.1.1984 while in remaining 4 matters, award was passed on 21.5.1986. The Land Acquisition Officer fixed the market value of the land at Rs.4.20 per sq. mtr. in four matters. However, in F.A. No.133 of 1996, the rates were fixed between Rs.1.50 to Rs.4.20 per sq. mtr. Being not satisfied, the claimants made Reference Applications under Section 18 of the Land Acquisition Act. The learned Joint District Judge, Thane, who heard the Land References, fixed the market value of the land at Rs.10/- per sq. mtr. In First Appeal No. 460/1996, while in remaining four Appeals, the market value of the land was fixed at Rs.12/- per sq. mtr. In All these matters, the State has preferred the Appeals challenging enhancement of the compensation. 6 3. The learned AGP points out that in F.A. No.512 of 1992, State of Maharashtra vs. Shri Janu Gosavi Patil as well as in F.A. No.1132 of 1994, State of Maharashtra vs. Rajaram, this Court had confirmed the enhancement at Rs.10/- per sq. mtr. Relying on those two Judgments, this Court confirmed the market rate at the rate of Rs.10/- per sq. mtr. for the land situate at Village Gotivali in First Appeal No.72 of 1995 State of Maharashtra vs. Janu G. Patil decided on 17.9.2007 (Coram: Anoop V. Mohta, J.). In view of this, all the present Appeals are squarely covered by the Judgment in First Appeal No.72 of 1995 and other two Appeals referred above. Therefore, it must be held that the market value of the land situate at Gotivali and acquired as per the Notification dated 4.2.1970 should be Rs.10/- per sq. mtr. As such, the market value fixed at Rs.10/- per sq. mtr. in F.A. No.460 of 1996 needs no interference, while in other four appeals, the market value has to be fixed at Rs.10/- per sq. mtr. instead of Rs.12/- per sq. mtr. as fixed by the Reference Court. 4. For the aforesaid reasons, the F.A. No.460 of 1996 is hereby dismissed. 5. F.A. Nos. 157/1996, 133/1996, 464/1996 and 465/1996 are hereby allowed and the award passed by the Reference Court stands modified to the 7 extent that the market value of the land acquired is fixed at Rs.10/- per sq. mtr. and the compensation shall be determined accordingly. There shall be no order as to costs in the Appeals. (J.H.BHATIA,J.)