:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE FIRST APPEAL NO.763 OF 1991 FIRST APPEAL NO.763 OF 1991 FIRST APPEAL NO.763 OF 1991 The State of Maharashtra through the Special Land Acquisition Officer, Metro Centre No.9, Panvel, Taluka:Panvel, District: Raigad ...Appellant. v. Smt. Shardabai Ganesh Oze, through her Power of Attorney, Smt.Savitakumari Shivkumar Chopra, C/5/21 Model Town, Delhi ...Respondent. Ms.S.P.Manchekar A.G.P. for the Appellant/State. Mandar Limaye i/by R.S.Apte , advs. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 25th August, 2008. DATE: 25th August, 2008. DATE: 25th August, 2008. ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. The State of Maharashtra has challenged the judgment and order passed by the learned Joint Civil Judge, Senior Division, Raigad in the Land Acquisition Reference No.178 of 1989 enhancing the compensation for the land acquired from the respondent. 2. The land bearing Survey No.12 Hissa No.0 admeasuring 52 R situated at Village: Karanjade, Taluka: Panvel belonged to the respondent/claimant. For the purpose of acquisition of land for New Bombay Project, the Government of Maharashtra issued Notification under Section 4 of the Land Acquisition Act :2: on 4th February, 1970 and subsequently, notification under Section 6 was also issued. Award was passed under Section 11 on 17th September, 1986 whereby the Special Land Acquisition Officer awarded compensation of Rs.3,446.60 in all. According to the claimant, market value of the land should not be less than Rs.20/- per sq.mtr. taking into consideration the several developments, which had taken place and which were taking place in that area. On the basis of this, reference under Section 18 was made and was submitted to the Joint Civil Judge, Senior Division, Alibag. After hearing the evidence led by the parties, the learned Reference Court came to conclusion that the market rate of the land should be Rs.15/- per sq.mtr. and accordingly, he fixed the market value of the land and the consequential benefits like solatium, additional component, etc. were awarded. 3. In the present appeal, it is contended on behalf of the State that the Reference Court has granted exorbitant rate for the land under acquisition and it has not properly considered the evidence before enhancing the compensation fixed by the Special Land Acquisition Officer. 4. Heard the learned A.G.P., Ms.S.P.Manchekar for the Appellant/State of Maharashtra and Mr.Limaye the learned counsel for the respondent/claimant. The :3: learned counsel for the parties have produced before me copies of the judgments rendered by this Court in four different appeals arising out of land references in respect of lands acquired in the same village and for the same project under the same notification. First Appeal No.30 of 1993 The State of Maharashtra v. Ismile The State of Maharashtra v. Ismile The State of Maharashtra v. Ismile Abdul Rehman Abdul Rehman Abdul Rehman was decided by the learned Single Judge of this Court on 21st April, 2006 wherein several other judgments and particularly locations of the lands were discussed. The judgment and the facts noted in the First Appeal No.30 of 1993 and the other appeals were also noted in three other appeals decided on 24-6-2008. They were the First Appeal No.574 of 1991, 597 of 1991 and 960 of 1991. Incidentally the present respondent/claimant was also respondent in all those three appeals. In all those three appeals, it was noted that in the earlier First Appeal No.30 of 1993, the Reference Court had fixed the market rate at Rs.13/- per sq.mtr. In that case, the land was situated at the distance of 1760 metres from Bombay- Pune National Highway, 5120 mtrs. from Sion-Panvel Highway and 480 mtrs. from the Panvel-Uran road. That rate was confirmed by the High Court during the appeal. In the First Appeal No.961 of 1991 decided on 13-2-2008, again the market rate was fixed at the rate of Rs.13/- per sq.mtr. and that was confirmed by the High Court. In that case, the acquired land was situated at the distance of 2240 mtrs. from the Bombay-Pune National :4: Highway. In the First Appeal No.561 of 1991, land was situated at the distance of 2240 mtrs. from Bombay-Pune National Highway and the market rate was fixed at Rs.12/- and it was confirmed by the High Court. In First Appeal No.731 of 1991, land was situated at the distance of 1760 mtrs. away from Bombay-Pune National Highway, 5120 mtrs. from Sion-Panvel Highway and 480 mtrs. from Panvel-Uran Road. In that matter, the market rate was fixed at Rs.13/- and it was confirmed by the High Court. It may be noted that after having referred to the locations of the lands in those four appeals, in First Appeal No.597 of 1991, this Court noted that the land was situated at the distance of 640 mtrs. from Bombay-Pune National Highway, 480 mtrs. from Sion-Panvel Highway and 1120 mtrs. from the Panvel-Uran Road. In view of this, the market rate was fixed at Rs.15/- per sq.mtr. The same was in respect of other two appeals, i.e., the First Appeal Nos.574 and 597 of 1991. In First Appeal No.574 of 1991, land was situated at the distance of 800 mtrs. from Bombay-Pune National Highway, 5280 mtrs. from Sion-Panvel Highway and 1600 mtrs. from Panvel-Uran Road. In First Appeal No.960 of 1991 land was situated at the distance of 640 mtrs. from Bombay-Pune National Highway. 5. If the judgments in all these appeals are carefully perused, it will appear that the market price of the land was fixed on the basis of proximity with the :5: Bombay-Pune National Highway. The lands, which were situated at the distance of about 640 to 800 mtrs. from Bombay-Pune National Highway, rate was fixed at Rs.15/- per sq.mtr. Where the distance was 1760 mtrs., rate was fixed at Rs.13/-. However, in two matters the distance is 2240 mtrs. In one of them, price was fixed at Rs.13/- per sq.mtr. and in another, it was confirmed at Rs.12/- per sq.mtr. It may be noted that as per the evidence on record, the land acquired in the present matter is also located at the distance of 2240 mtrs. from Bombay-Pune National Highway. Therefore, the market price of this land could be compared only with the lands, which were the subject-matter of the First Appeal No.961 of 1991 and 561 of 1991. As noted above in First Appeal No.961 of 1991, market price was fixed at Rs.13/- while in the First Appeal No.561 of 1991, market price was fixed at Rs.12/-. Of-course, the reasons for the difference is not available from these judgments. The learned A.G.P. contended that in view of this market price of the land in question in the present appeal could be fixed at Rs.12/- or at the most Rs.13/- per sq.mtr. According to her, there is no justification to fix the price at the rate of Rs.15/- per sq.mtr. 6. On the other hand, Mr.Limaye has raised the objections that the present land can not be compared with the lands in which market price was fixed at the :6: rate of Rs.12/- or Rs.13/- per sqr.mtr. According to him, huge development had taken place in that area. Electricity, telephone lines were available, several industrial estates had come up in the nearby area and several more developments were coming up. He contended that taking into consideration the potentiality of the development in that area, the market rate of the land should not have been less than Rs.20/- per sq.mtr. However, after careful perusal of the above referred judgments and the location of the land in the present matter, I find that it will be difficult to find any difference as far as the developments, which had taken place or which were taking place or the potentiality of the development in that area in the present matter and the other matters in which the rates were fixed at Rs.12/- or Rs.13/- per sq.mtr. All those developments and potentialities were common in all these matters. In all these matters, lands were acquired for the New-Bombay project. As pointed out earlier, in the above referred matters, the main factor is the distance of the land from Bombay-Pune National Highway. That is the deciding factor for the purpose of determining the market rate of the land. Taking into consideration these circumstances and the rates already confirmed by this High Court in different matters, I find that the land in question in the present appeal can be compared only with the land in First Appeal No.961 of 1991 or First Appeal No.561 of 1991. In both of those cases, :7: distance of the land from the Bombay-Pune National Highway was 2240 mtrs. Same is the distance in the present case also. However, as in one of the matters, this Court had confirmed the rate at Rs.13/- per sq.mtr., it will not be desirable to fix the rate less than that rate. At the same time, it is difficult to find any justification to confirm the rate at Rs.15/- per sq.mtr., which was confirmed in the case of property situated at the distance of 640 to 800 mtrs. from the Bombay-Pune National Highway. In my considered opinion, Reference Court had fixed the market rate as excessive rate and needs to be rationalised. Taking into consideration all the facts, rate should be fixed at Rs.13/- sq.mtr. 7. In the result, appeal is allowed and the market rate of the land in question is hereby fixed at Rs.13/- per sq.mtr. The compensation amount shall be computed accordingly alongwith all other consequential benefits like Solatium, additional component, etc. The award passed by the trial Court shall stand modified accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)