-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.697 OF 1989 APPEAL NO.697 OF 1989 APPEAL NO.697 OF 1989 The State of Maharashtra ...Appellant Vs. 1.Baburao Hira Bhagat 2.Padu Hira Bhagat 3.Harishchandra Hira Bhagat 4.Mahadeo Hira Bhagat 5.Sau.Marubai Balkrishna Govari 6.Sau.Krishnabai Gajanan Govari 7.Sau.Poshibai Goma Mundkar 8.Sau.Barakubai Raghunath Bhingarkar ...Respondents WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1078 OF 1989 APPEAL NO.1078 OF 1989 APPEAL NO.1078 OF 1989 1.Baburao Hira Bhagat 2.Padu Hira Bhagat (since deceased through his L.Rs.) 2(1) Smt.Indubai Padu Bhagat 2(2) Jaihind Padu Bhagat 2(3) Ganesh Padu Bhagat 2(4) Vinod Padu Bhagat 3. Harishchandra Hira Bhagat 4. Mahadeo Hira Bhagat 5. Sau.Marubai Balkrishna Govari 6. Sau.Poshibai Doma Mundkar 7. Sau.Barkubai Raghunath Shingarkar Through their Power of Attorney Prakash Vasudeo Deodhar ...Appellants Vs. Special Land Acquisition Officer, Metro Centre No.II, Panvel ...Respondent FIRST FIRST FIRST APPEAL NO.702 OF 1989 APPEAL NO.702 OF 1989 APPEAL NO.702 OF 1989 The State of Maharashtra ...Appellant Vs. -2- 1.Kana Ragho Patil 2.Dattu Kana Patil 3.Goma Kana Patil 4.Tulsidas Kana Patil ...Respondents WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1059 OF 1989 APPEAL NO.1059 OF 1989 APPEAL NO.1059 OF 1989 1. Kana Ragho Patil (since deceased through his L.Rs) 1(a) Dattu Kana Patil 1(b) Goma Kana Patil 1(c) Tulshiram Kana Patil 2. Dattu Kana Patil 3. Goma Kana Patil (since deceased through his L.Rs.) 3(1) Smt.Yamuna Goma Patil 3(2) Naresh Goma Patil 3(3) Janardan Goma Patil 3(4) Sau.Bharati Nandu Chimane ...Appellants Through their power of Attorney Prakash Vasudeo Deodhar Vs. Special Land Acquisition Officer, Metro Centre No.II, Panvel ...Respondent FIRST FIRST FIRST APPEAL NO.704 OF 1989 APPEAL NO.704 OF 1989 APPEAL NO.704 OF 1989 The State of Maharashtra ...Appellant Vs. 1.Smt.Padmabai Jagnnath Bhoir 2.Ramdas Namdeo Joshi through Power of Attorney Prakash Vasudeo Deodhar ...Respondents WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1079 OF 1989 APPEAL NO.1079 OF 1989 APPEAL NO.1079 OF 1989 1. Smt.Padmabai Jagannath Bhoir 2. Ramdas Nadeo Joshi ...Appellants Vs. State of Maharashtra through Special Land Acquisition Officer,Panvel ...Respondent -3- FIRST FIRST FIRST APPEAL NO.708 OF 1989 APPEAL NO.708 OF 1989 APPEAL NO.708 OF 1989 The State of Maharashtra ...Appellant Vs. 1. Namdeo Hiru Chimane 2. Harischandra Hiru Chimane 3. Smt.Sitabai Ramchandra Bhagat 4. Smt.Budhibai Narayan Mundkar 5. Smt.Shakuntala Pandurang Surate 6. Smt.Minabai Kashinath Bhingarkar ...Respondents WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1050 OF 1989 APPEAL NO.1050 OF 1989 APPEAL NO.1050 OF 1989 1.Namdeo Hiru Chimane 2.Harischandra Hiru Chimane 3.Smt.Sitabai Ramchandra Bhagat 4.Smt.Budhibai Narayan Mundkar 5.Smt.Shakuntala Pandurang Surate 6.Smt.Minabai Kashinath Bhingarkar ....Appellants Vs. The Special Land Acquisition Officer,Panvel ...Respondent FIRST FIRST FIRST APPEAL NO.712 OF 1989 APPEAL NO.712 OF 1989 APPEAL NO.712 OF 1989 The State of Maharashtra ...Appellant Vs. Sadu Timbu Mhatre Through his Power of Attorney Ambaji Gopal Mali ...Respondent WITH WITH WITH FIRST FIRST FIRST APPEAL NO.1085 OF 1989 APPEAL NO.1085 OF 1989 APPEAL NO.1085 OF 1989 Sadu Timbu Mhatre ...Appellant Vs. The Special Land Acquisition Officer,Panvel ...Respondent Mr.K.K.Tated,A.G.P. for the Appellant in F.A.Nos.697/1989, 702/1989,704/1989 and for the Respondent in F.A.Nos.1078/1989,1059/1989 and 1079/1989 Mr.Y.M.Nakhawa,A.G.P. for the Appellant in F.A.Nos.708/1989, 712/1989 and for the Respondent in F.A.Nos.1050/1989 and -4- 1085/1989 Mr.S.M.Kamble for the Appellants in F.A.Nos.1078/1989, 1050/1989, 1059/1989, 1079/1989,1085/1989 and for Respondents in F.A.Nos.697/1989, 702/1989, 712/1989 and with Mr.Mulla in F.A.Nos.708/1989 and 704/1989 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: APRIL 27,2006. APRIL 27,2006. APRIL 27,2006. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. These Appeals arise out of Awards under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) in respect of the lands from village Kamothe Taluka Panvel, District Raigad. It is not in dispute that the lands which are subject matter of these Appeals were notified for acquisition under section 4 of the said Act on 3rd February 1970 for the public purpose of development of satellite city of Navi Mumbai. In all these cases the Awards under section 11 have been made by the Special Land Acquisition Officer after 30th April 1982. By the impugned Judgments and Awards the market value of various lands has been fixed at the rates between Rs.15/- to Rs.18/- per sq.meter. 2. The Appeals are preferred by the claimants for the enhancement of the market value fixed by the Reference Court. The Appeals preferred by the State Government are for reduction in the market value. 3. Shri Kamble for the claimants in this group of Appeals has placed reliance on the decision of Division Bench of this -5- Court in the case of Nama Padu Hudar and others Vs. State of Maharashtra in First Appeal No.754 of 1986 and other connected Appeals. He submitted that in case of acquisition of similarly situated lands from village Kamothe which were notified for the same public purpose, the minimum rate awarded by this Court is Rs.20/- per sq.meter. He, therefore, submitted that the decision of the Division Bench of this Court will apply to these Appeals. The learned A.G.P. for the State submitted that considering the fact that some of the acquired lands were situated at a distance of more than 2200 meters from the Bombay Pune National Highway, the rates which were awarded by the Reference Court are just and proper and the claimants in these Appeals will not be covered by the decision of the Division Bench of this Court. 4. I have considered the submissions made by the learned Counsel for the parties. It is an accepted position that the various lands from various villages in Taluka Panvel, District Raigad and in Taluka Thane, District Thane were notified for acquisition on 3rd February 1970 for public purpose of what is properly known as the New Bombay project. The Division Bench of this Court in case of Nama Padu Hudar and others Vs. The State of Maharashtra (Supra) decided a group of Appeals arising out of Awards under section 18 of the said Act in respect of the lands pertaining to villages -6- Panvel and Kamothe, Taluka Panvel, District Raigad. The decision of the Division Bench of this Court was delivered on 25th and 26th February 1993. The lands which were subject matter of the Appeals before the Division Bench were also notified for acquisition on 3rd February 1970 for the same public purpose. The Division Bench examined the location of the acquired lands and divided the acquired lands into five categories for the purposes of fixing the market value. The division into categories was made depending upon the distance of the acquired land from the National Highway and/or Zilla Parishad Road. The said categories are as under : Group No. F.A.No. S.No. No. Area Rate granted sq.Mt. per sq.meter I 754/1986 671 1(Part) 8240 25.00 25.00 25.00 Abutting the Abutting the Abutting the Highway Highway Highway 763/1986 694 2 5870 25.00 25.00 25.00 698 2 510 25.00 25.00 25.00 704 7 1060 25.00 25.00 25.00 704 2 3310 25.00 25.00 25.00 II. II. II. 751/1986 598 2/5 4270 23.00 23.00 23.00 within within within (Part) 800 800 800 metres metres metres 756/1986 665 1B 2450 23.00 23.00 23.00 665 1D 1800 23.00 23.00 23.00 663 1/5 1340 23.00 23.00 23.00 660 3 5830 23.00 23.00 23.00 III. III. III. 753/1986 614 2 3100 22.00 22.00 22.00 Abutting Abutting Abutting Kamothe Z.P. Kamothe Z.P. Kamothe Z.P. 751/1986 617 2 4350 22.00 22.00 22.00 Road to 1200 Road to 1200 Road to 1200 (Part) Metres Metres Metres 752/1986 548 7(Part) 2500 22.00 22.00 22.00 -7- IV-A IV-A IV-A 755/1986 209 9 4560 20.00 20.00 20.00 800 Mtrs. to 800 Mtrs. to 800 Mtrs. to 1200 Mtrs.from 1200 Mtrs.from 1200 Mtrs.from Bombay-Poona Bombay-Poona Bombay-Poona 213 10 1900 20.00 20.00 20.00 Highway Highway Highway IV-B. IV-B. IV-B. 743/1986 240 2 1900 20.00 20.00 20.00 200 Mtrs from 200 Mtrs from 200 Mtrs from Z.P. Rd. & Gaothan Z.P. Rd. & Gaothan Z.P. Rd. & Gaothan to 640 Mtrs. from to 640 Mtrs. from to 640 Mtrs. from Z.P.Road & Gaothan Z.P.Road & Gaothan Z.P.Road & Gaothan 274 2 4760 20.00 20.00 20.00 5. It is an admitted position that the said decision of the Division Bench of this court has attained finality as the same was not challenged either by the acquiring body or by the State Government. In a recent decision of the Apex Court dated 6th March 2006 in Civil Appeal No.1557 of 2006 in case of Shantadevi vs. Special Land Acquisition Officer, the Apex Court expressly approved the said decision of the Division Bench of this Court and in fact directed that the in case of lands subject matter of the Appeal before it, the rates as fixed by the Division Bench should be awarded. There is no reason why the decision of the Division Bench should not be applied while deciding the market value of the acquired lands in these cases. 6. The available material on record of these cases indicate that the acquired lands are located at the distance between 2800 meters to 3200 meters from Bombay Pune National Highway. On plain reading of the categories which are fixed by the Division Bench of this Court, it is obvious that the lands -8- will not fall in any of the categories. The category IV A is in respect of the acquired lands located at a distance of 800 meters to 2200 meters from Bombay Pune National Highway. In paragraphs 25 and 26 of the decision, the Division bench has given reasons for categorising the lands into five categories. The evidence on record shows that the lands subject matter of these Appeals are situated close to a village Road. The lands are situated within the area where there was industrial growth/development at the relevant time. If the categories made by the Division Bench are perused, the first category is of the lands abutting the Highway. The second category is of the lands which are at the distance of 800 meters away from Highway. For the first category of lands the market value is fixed at Rs.25/- per sq.mtr. and the for the second category the market value is fixed at Rs.23/- per sq.mtr. For the third category of lands which were abutting Zilla Parishad Road but within 1200 meters from Bombay Pune National Highway, the market value is fixed at Rs.22/- per sq.mtr. The fourth category deals with the lands which are at a distance of 800 to 2200 meters from Bombay Pune National Highway. For the said category, the market value fixed is at Rs.20/- per sq.meter. It is thus clear that for the acquired lands abutting Bombay Pune National Highway, the market value is fixed at Rs.25/- per sq.meter and for those lands which are at a distance of more than 800 meters upto distance of 2200 meters from the said Highway, -9- the market value is fixed at Rs.20/- per sq.meter. The market value of the acquired lands in the present case will have to be fixed by adopting the test of the distance of the acquired lands from the Bombay-Pune Highway. 7. If the Division Bench has granted market value of Rs.23/- per sq.meter to a land situated upto distance of 800 meters from the Highway and market value of Rs.20/- per sq.meter to a land situated at a distance upto 2200 meters from Highway, in case of land situated at a distance of more than 200 meters, the market value will be certainly less than Rs.20/- per sq.meter. The lands subject matter of these Appeals are located at a distance of 2200 to 3200 meters from the National Highway. Considering the reasoning of the Division Bench in the case of Nama Padu Hudar (supra), I find that the reasonable market value which can be awarded in these cases is Rs.18/- per sq.meter on the basis of the distance of the acquired lands from the Bombay-Pune National Highway. To that extent the Awards made by the Reference Court will have to be modified. 8. Hence, I pass the following order : FIRST FIRST FIRST APPEAL NO.1078 OF 1989 APPEAL NO.1078 OF 1989 APPEAL NO.1078 OF 1989 i) Appeal is partly allowed. The impugned Judgment and Award -10- is modified. ii) The claimants will be entitled to market value at the rate of Rs.18/- per sq.meter together with statutory benefits under sections 23 (1-A), 23(2) and 28 of the Land Acquisition Act, 1894. iii) The claimants will be entitled to proportionate costs throughout from the State Government. iv) The Reference Court will calculate the amount of compensation payable to the claimants within a period of four months from the date of receipt of writ of this order. FIRST FIRST FIRST APPEAL NO.697 OF 1989 APPEAL NO.697 OF 1989 APPEAL NO.697 OF 1989 i) Appeal is dismissed. ii) The Appellant will pay costs of the Appeal to the Respondents. FIRST FIRST FIRST APPEAL NO.1059 OF 1989 APPEAL NO.1059 OF 1989 APPEAL NO.1059 OF 1989 i) Appeal is partly allowed. The impugned Judgment and Award is modified. -11- ii) The claimants will be entitled to market value at the rate of Rs.18/- per sq.meter together with statutory benefits under sections 23(1-A), 23(2) and 28 of the Land Acquisition Act,1894. iii) The claimants will be entitled to proportionate costs throughout from the State Government. iv) The Reference Court will calculate the amount of compensation payable to the claimants within a period of four months from the date of receipt of writ of this order. FIRST FIRST FIRST APPEAL NO.702 OF 1989 APPEAL NO.702 OF 1989 APPEAL NO.702 OF 1989 i) Appeal is dismissed. ii) The Appellant will pay costs of the Appeal to the Respondents. FIRST FIRST FIRST APPEAL NO.1079 OF 1989 APPEAL NO.1079 OF 1989 APPEAL NO.1079 OF 1989 i) Appeal is partly allowed. The impugned Judgment and Award is modified. ii) The claimants will be entitled to market value at the rate of Rs.18/- per sq.meter together with statutory benefits -12- under sections 23(1-A), 23(2) and 28 of the Land Acquisition Act,1894. iii) The claimants will be entitled to proportionate costs throughout from the State Government. iv) The Reference Court will calculate the amount of compensation payable to the claimants within a period of four months from the date of receipt of writ of this order. FIRST FIRST FIRST APPEAL NO.704 OF 1989 APPEAL NO.704 OF 1989 APPEAL NO.704 OF 1989 i) Appeal is dismissed. ii The Appellant will pay costs of the Appeal to the Respondents. FIRST FIRST FIRST APPEAL NO.1050 OF 1989 APPEAL NO.1050 OF 1989 APPEAL NO.1050 OF 1989 i) Appeal is partly allowed. The impugned Judgment and Award is modified. ii) The claimants will be entitled to market value at the rate of Rs.18/- per sq.meter together with statutory benefits under sections 23(1-A),23(2) and 28 of the Land Acquisition Act, 1894. -13- iii) The claimants will be entitled to proportionate costs throughout from the State Government. iv) The Reference Court will calculate the amount of compensation payable to the claimants within a period of four months from the date of receipt of writ of this order. FIRST FIRST FIRST APPEAL NO.708 OF 1989 APPEAL NO.708 OF 1989 APPEAL NO.708 OF 1989 i) Appeal is dismissed. ii) The Appellant will pay costs of the Appeal to the Respondents. FIRST FIRST FIRST APPEAL NO.1085 OF 1989 APPEAL NO.1085 OF 1989 APPEAL NO.1085 OF 1989 i) Appeal is partly allowed. The impugned Judgment and Award is modified. ii) The claimants will be entitled to market value at the rate of Rs.18/- per sq.meter together with statutory benefits under sections 23(1-A),23(2) and 28 of the Land Acquisition Act,1894. iii) The claimants will be entitled to proportionate costs -14- throughout from the State Government. iv) The Reference Court will calculate the amount of compensation payable to the claimants within a period of four months from the date of receipt of writ of this order. FIRST FIRST FIRST APPEAL NO.712 OF 1989 APPEAL NO.712 OF 1989 APPEAL NO.712 OF 1989 i) Appeal is dismissed. ii) The Appellant will pay costs of the Appeal to the Respondents. Judge. Judge. Judge.