1 fa335-02 common-j rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 335 OF 2002 ALONGWITH CROSS OBJECTION ST. NO.10170 OF 2001 The State of Maharashtra .. Appellant V/s. Kana Maya Todekar .. Respondent (Orig. Claimant) AND FIRST APPEAL NO.337 OF 2002 ALONGWITH CROSS OBJECTION ST. NO.10176 OF 2001 The State of Maharashtra .. Appellant V/s. Mahadeo Shankar Vartekar .. Respondent (Orig. Claimant) AND FIRST APPEAL NO. 957 OF 2002 The State of Maharashtra .. Appellant V/s. Ganpat Joma Kadu .. Respondent (Orig. Claimant) AND FIRST APPEAL NO. 958 OF 2002 ALONGWITH CROSS OBJECTION ST. NO.10152 OF 2001 The State of Maharashtra .. Appellant V/s. Baliram Phakira Mohekar & Ors. .. Respondents (Orig. Claimants) AND FIRST APPEAL NO. 959 OF 2002 The State of Maharashtra .. Appellant V/s. Dashrath Narayan Patil .. Respondent (Orig. Claimant) 2 fa335-02 common-j .... Mr. A. R. Patil, AGP for appellant – State. Mr. C. G. Gavnekar for the respondents. .... CORAM : A.S.OKA, J. DATE : JUNE 20, 2011. ORAL JUDGMENT : These Appeals can be disposed of by a common judgment and order. These Appeals arise out of the Awards made by the Civil Court in references under Section 28 (A) (3) of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The acquired lands are situated at village Kharghar, Taluka Panvel, District Raigad. The lands were notified under Section 4(1) of the said Act on 3rd February, 1970 for the public purpose of setting up of satellite city of New Bombay. Redetermination of the compensation was made under Section 28(A)(1) of the said Act on the basis of the certain decisions of the Reference Court. As the claimants did not accept the said re- determination, at their instance, References under Section 28(A)(3) of the said Act were made on which the impugned Judgments and Awards have been passed. 2. In the Award subject matter of First Appeal No.335 of 2002, the market value has been granted at the rate of Rs.15/- per square 3 fa335-02 common-j meters. In the Award subject matter of the First Appeal No.337 of 2002, the market value has been granted at the rate of Rs.17/- per square meter. By the impugned Award subject matter of First Appeal No.957 of 2003, the Reference Court has fixed market value at the rate of Rs.15/- per square meter. In the First Appeal No.958 of 2002, by the impugned Award, the Reference Court has fixed the market value at the rate of Rs.15/- per square meter. In the Award subject matter of the challenge in First Appeal No.959 of 2002, the Reference Court has fixed market value at the rate of Rs.16/- per square meters. All the cases, the statutory benefits under Sections 23(1-A), 23(2) and 28 of the said Act have been granted. In First Appeal No.335 of 2002, First Appeal No.337 of 2002 and in First Appeal No.958 of 2002, the claimants have filed Cross Objections seeking enhancement in the market value. 3. The learned A.G.P. appearing for the Appellant - State of Maharashtra in all Appeals made a submission that the claimants have not adduced any evidence of comparable sale instances. His submission is that the claimants have not discharged the burden on them by showing that the market value offered by the Land Acquisition Officer was inadequate. The learned AGP submitted that in case of First Appeal No.959 of 2002, the Award under Section 11 of the said Act was made on 28th January, 1982 and, therefore, in the said case, 4 fa335-02 common-j the claimants are not entitled to statutory benefit under Section 23 (1-A) of the said Act. The learned counsel appearing for the claimants placed reliance on a decision of the Division Bench dated 16th March, 2000 in First Appeal No.875 of 1985 [Abdul Aziz Hussainmiya Patel V/s. Special Land Acquisition Officer, Metro Centre No.11 and other connected matters]. He submitted that in view of the said decision, the claimants are entitled to the market value at the rate of Rs.22/- per square meters. 4. I have carefully considered the submissions. A Division Bench of this Court decided the First Appeal No.875 of 1985 [Abdul Aziz Husenmiya Patel V/s. Special Land Acquisition Officer and other connected Appeals]. By the judgment and order dated 16th March, 2000, this Court dealt with the awards made under Section 11 of the said Act relating to the lands acquired situated at village Pendhar, Taloja, Panchand, Owe, Belpada and Kharghar in Taluka Panvel, District – Raigad which were notified for acquisition on 3rd February, 1970 for the same public purpose. This Court held that the market value of the acquired land at village Kharghar abutting the Sion-Panvel National Highway will be Rs.22/- per square meter and in case of the lands which are away from the Sion Panvel Highway, the market value will be at Rs.18/- per square meters. The decision of the Division Bench has been accepted by the State of Maharashtra and the same 5 fa335-02 common-j was not challenged. 5. The decision of the Division Bench in the aforesaid case will have to be followed as the same has attain finality. The said decision has also dealt with the lands of village Kharghar which were notified on the same date for the same public purposes. The Division Bench has awarded the market value at the rate of Rs.22/- per square meters in respect of the lands abutting Sion Panvel Highway. In case of the lands which were away from the said Highway as well as Taloja Industrial Estate, the market value has been fixed at the rate of Rs.18/- per square meter. It must be also noted that the Division Bench made deduction of 10% on account of development charges. 6. Now coming to the impugned Award in First Appeal No.335 of 2002, the market value has been fixed at the rate of Rs.15/- per square meter. The evidence on record shows that the acquired land is situated at a distance of 280 meters from the said Highway. Hence, the market value ought to have been fixed at the rate of Rs.18/- per square meters. After deduction of 10%, the market value will be Rs.16.20 per square meters. In First Appeal No.337 of 2002, the evidence on record discloses that the acquired land was abutting the said Highway. Therefore, the market value will have to be enhanced from Rs.17/- to Rs.22/- per square meter. After making deduction of 10%, the market 6 fa335-02 common-j value will be Rs.19.80 per square meters. In First Appeal No.957 of 2002, the Highway appears to be at a distance of 4500 meters from the acquired land. Hence, the market value will be of Rs.16.20 per square meters. However, in this case, there is no Cross Objection or Cross Appeal. In First Appeal No.958 of 2002, the acquired land is situated at a distance of 320 meters from the said Highway. Hence, the market value will have to be fixed at the rate of Rs.16.20 per square meter. In First Appeal No. 959 of 2002, the finding of the Reference Court is that the acquired land was at a distance of 1000 meters from the said Highway. Hence, the market value will be Rs. 16.30 per square meter. However, there is no cross Objection filed for enhancement. In this case, the Award under Section 11 of the said Act has been made prior to 30th April, 1982. Hence, the claimants will not be entitled to statutory benefit under Section 23(1-A) of the said Act. 7. Hence, I pass the following order: :: O R D E R :: i. First Appeal No.335 of 2002 is dismissed with no order as to costs. Cross Objection Stamp No.10170 of 2001 is partly allowed and the market value fixed is at the rate of Rs.16.20 per square meter. The other part of the impugned Award is not disturbed. The claimant will be 7 fa335-02 common-j entitled to proportionate costs of the Reference as well as the Cross Objection. ii. First Appeal No.337 of 2002 is dismissed with no order as to costs. Cross objection Stamp No.10176 of 2001 is partly allowed and the market value is fixed at the rate of Rs.19.80 per square meter. Rest of the Award is not disturbed. The claimants will be entitled to the proportionate costs of the Reference as well as the Cross Objection. iii. First Appeal No.957 of 2002 stands dismissed with no order as to costs. iv. First Appeal No. 958 of 2002 stands dismissed with no order as to costs. Cross Objection Stamp No.10152 of 2001 is partly allowed and the market value of the acquired land is fixed at the rate of Rs.16.20 per square meter. Rest of the Award is not disturbed. Claimant will be entitled to proportionate costs of the Reference as well as the Cross Objection. vi. First Appeal No.959 of 2002 is partly allowed. That 8 fa335-02 common-j part of the impugned Award by which benefit of Section 23(1-A) of the said Act has been granted, is quashed and set aside. However, rest of the Award including the market value fixed and statutory benefits under Section 23(2) and Section 28 stand confirmed. There will be no order as to costs. (A.S.OKA, J)