1 FH 119 fa.178.95 ors ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 178 OF 1995 WITH CROSS OBJECTION NO. 2817 OF 2008 The State of Maharashtra (Through the Special Land Acquisition Officer). ... Appellant Versus Moreshwar Dwarkanath Patil. ... Respondent ALONGWITH FIRST APPEAL NO. 347 OF 1994 WITH CROSS OBJECTION (stamp) NO. 12213 OF 1994 The State of Maharashtra (Through the Special Land Acquisition Officer). ... Appellant Versus Bharat Balkrishna Patil. ... Respondent AND FIRST APPEAL NO. 545 OF 1994 The State of Maharashtra. ... Appellant Versus Bharat Balkrishna Patil. ... Respondent 2 FH 119 fa.178.95 ors ----- Mr. A.R.Patil, AGP for the State. Mr. Shreekant Gavand i/b Ashok B. Tajane for the Respondent in First Appeal No. 178 of 1995. Mr. T.K.Patil for the Respondent in First Appeal Nos. 347 & 545 of 1994. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. ORAL JUDGMENT: 1 Heard the learned counsel appearing for the Appellant. I have heard the learned counsel appearing for the Respondent in First Appeal No. 178 of 1995 as well as the learned counsel appearing for the Respondent in First Appeal No.347 of 1994 and First Appeal No.545 of 1994. 2 These appeals can be disposed of by a common judgment. The appeals arise out of awards in references under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”) made at the instance of the Respondents in the appeals. 3 FH 119 fa.178.95 ors 3 The acquisition relates to lands at village Ulve, Taluka Panvel, District Raigad. Notification dated 3 rd February, 1970 under Section 4 of the said Act was published on 4 th February, 1970 by which the lands were notified for acquisition for the purposes of setting up satellite city of new Bombay. Awards under Section 11 were made in the year 1986. Award under Section 11, which is the subject matter of First Appeal No.178 of 1995 was made on 29 th August, 1986. The award, which is the subject matter of First Appeal No.347 of 1995 was made on 9 th August, 1986 and the award under Section 11 relating to First Appeal No.545 of 1994 was also made on the same day. 4 By the impugned awards, the Reference Court has enhanced the market value by partly allowing the references. The market value has been fixed at the rate of Rs.8/- per sq.mtr. There are cross objections filed in First Appeal No. 347 of 1994 and First Appeal No. 178 of 1995. In cross objection in First Appeal No.178 of 1995, market value at the rate of Rs.12/- per sq.mtr. has been claimed. In First Appeal No. 4 FH 119 fa.178.95 ors 347 of 1994, market value in the cross-objection is claimed at the rate of Rs.20/- per sq.mtr. 5 The learned AGP appearing for the Appellant submitted that the market value fixed by the Reference Court is excessive inasmuch as the Respondents – Claimants have not discharged the burden on them to prove that the market value offered by the Special Land Acquisition Officer was inadequate. He submitted that there is no evidence adduced of comparable sale instances. The learned counsel appearing for the Respondents placed reliance on decision of this Court dated 26 th October, 2007 in First Appeal No. 513 of 2008 by which this Court has held that market value of the lands at the same village, which was notified on the same day was Rs.12/- per sq.mtr. It is therefore, submitted that the cross objections deserve to be allowed. 6 As noted by the Apex Court in the case of Avinash Dhavaji Naik Vs. State of Maharashtra, (2009) 11 Supreme Court Cases 171, lands located in 96 revenue villages were sought to be acquired by 5 FH 119 fa.178.95 ors simultaneously for the purposes of setting up satellite city of New Bombay by issuing notifications under Section 4 of the said Act. The said villages are located in Taluka Panvel, District Raigad and Taluka Thane, District Thane. This was a case where the Apex Court was dealing with an appeal arising out of land situated at village Wahal. The Apex Court approved the belting method adopted by this Court for determining market value in cases relating to said 96 villages. 7 As far as village Ulve is concerned, reliance is placed on the decision of this Court in First Appeal No. 83 of 1992 and First Appeal No. 959 of 1991 dated 12 th April, 2005 where this Court dealt with appeals arising out of references under Section 18 dealing with lands at village Ulve notified under the same notification dated 3 rd February, 1970. This was a case where market value was fixed at the rate of Rs.8/- per sq.mtr by the Reference Court. This Court held that the market value of the acquired land was Rs.12/- per sq.mtr. In the case of State of Maharashtra Vs. Dilip Gopal Naik and others (First Appeal No. 513 of 2008), this Court made a reference to the said decision dated 12 th April, 6 FH 119 fa.178.95 ors 2005 and fixed market value of the lands at village Ulve at the rate of Rs. 12/- per sq.mtr. 8 The Apex Court in the case of Avinash Dhavaji Naik (supra) was dealing with a land in village Wahal in which there was no infrastructure such as electricity, railway station etc. The Apex Court fixed market value of Rs.10/- per sq.mtr. In the cases in hand, there is evidence of a valuer which proved the valuation report, which shows that there was rapid development around village Ulve. In the circumstances, the market value of the land will have to be fixed at the rate of Rs.12/- per sq.mtr. 9 Hence, I pass the following order: i. First Appeal No. 178 of 1995, First Appeal No. 347 of 1994 and First Appeal No. 545 of 1994 are dismissed ; ii. Cross objections filed in the aforesaid First 7 FH 119 fa.178.95 ors Appeal No.347 of 1994 and First Appeal No.178 of 1995 are partly allowed by fixing the market value of the acquired lands at the rate of Rs.12/- per sq.mtr (inclusive of the compensation paid in accordance with award under Section 11 of the said Act) ; iii. The claimants will be entitled to statutory benefits under Section 23 (1)(A), 23(2) and Section 28 of the said Act ; iv. The Respondents in First Appeal No.178 of 1995 and First Appeal No. 347 of 1994 will be entitled to proportionate costs of the references and cross objections. v. Exercise of determining the compensation payable as per the modified awards shall be 8 FH 119 fa.178.95 ors completed by the Reference Court within a period of three months from the date on which writ of this judgment is received by the said Court ; vi. The enhanced amount of compensation shall be deposited by the Appellant – State of Maharashtra within a period of three months from the date on which compensation amount is determined. [ A.S.OKA, J ]