1 FH FA.246.94 ors ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 246 OF 1994 The State of Maharashtra. ... Appellant Versus Shantaram Anant Thakur and others. ... Respondents ALONGWITH FIRST APPEAL NO. 247 OF 1994 The State of Maharashtra. ... Appellant Versus Lakshman Dhaka Patil, Through legal representatives, 1(a) Changuna Laxman Patil and others. ... Respondents ALONGWITH FIRST APPEAL NO. 248 OF 1994 The State of Maharashtra. ... Appellant Versus Mahadu Balu Thakur, Through legal representatives, 1.a Radhibai Mahadu Thakur and others. ... Respondents 2 FH FA.246.94 ors ALONGWITH FIRST APPEAL NO. 249 OF 1994 The State of Maharashtra. ... Appellant Versus Bharapur Jagan Patil and others. ... Respondents AND FIRST APPEAL NO. 250 OF 1994 The State of Maharashtra. ... Appellant Versus Sitaram Gopal Patil, Through legal representatives, 1(a) Smt.Lilabai Vinayak Patil and others. ... Respondents ----- Mr. A.R.Patil, AGP for the Appellant – State. Mr. K.N.Kore for the Respondents in FA No. 246 of 1994, for Respondent Nos.1(a), 1(b) and 3 in FA No. 247 of 1994, for the Respondents in FA No. 248 of 1994, for Respondent Nos.1 to 3 in FA No. 249 of 1994 and for Respondent Nos.1(b), 1(c), 1(d), 1(f), 1(g) and 2 in FA No. 250 of 1994. ----- CORAM : A.S.OKA, J. DATE : 18 th February, 2011. 3 FH FA.246.94 ors ORAL JUDGMENT: 1 These appeals can be disposed of by a common judgment as the impugned award has been passed on the basis of a common judgment. The challenge in the Appeal is to the Awards made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The main matter is First Appeal No. 246 of 1994 in which challenge is to the judgment and award passed by the Reference Court in Land Acquisition Reference No. 93 of 1986. The lands subject matter of acquisition in all these appeals are situated at village Sanpada, Taluka and District Thane. The notifications under Section 4 in relation to the said lands were issued either on 4 th February, 1970 or 5 th September, 1970. The acquisition was for the purpose of setting up the city of New Bombay. By the awards under Section 11 of the said Act, the market value in the range of Rs.6/- to Rs.7/- per square meter was offered. In the references, market value was claimed at the rates of Rs.50/- to Rs. 200/- per square meter. Evidence was adduced in Land Acquisition Reference No. 93 of 1986 and the Reference Court determined the market value at the rate of Rs.18/- per square meter. The other impugned 4 FH FA.246.94 ors judgments and awards are based on the reasons recorded in judgment and award in Land Acquisition Reference No. 93 of 1986. Therefore, the market value was awarded at the rate of Rs.18/- per square meter in all cases. 2 The learned AGP appearing for the Appellant in support of the appeals submitted that there is no evidence adduced by the Respondents – claimants of the comparable sale instances and there is no justification for awarding market value at the rate of Rs.18/- per square meter. He placed reliance on the decision of this Court dated 4 th April, 2006 in First Appeal No. 1201 of 1989 (The State of Maharashtra Vs. Shri Gajanan Budhya Thakur) and two connected appeals. He submitted that in respect of the lands at village Sanpada notified on the same dates, the market value has been fixed by this Court at the rate of Rs.15/- per square meter. 3 The learned counsel appearing for the claimants submitted that there is evidence adduced by the Respondents – claimants to justify 5 FH FA.246.94 ors the market value at the rate of Rs.18/- per square meter. He submitted that even in First Appeal No. 1201 of 1989, this Court has observed that the market value of the lands at village Sanpada will be slightly more than Rs.15/- per square meter. He, therefore, submitted that no interference is called for. 4 I have given careful consideration to the submissions. I have perused the findings recorded by the Reference Court. In Land Acquisition Reference No. 93 of 1986, evidence was adduced by the parties. Reliance was placed on various awards made by the District Court in references under Section 18 of the said Act in relation to the lands at village Sanpada, which were notified under the notification of 4 th February, 1970. The Reference Court relied upon the award made in Land Acquisition Reference No. 40 of 1987 by which market value at the rate of Rs.18/- per square meter was fixed. 5 In First Appeal No. 1201 of 1989 and other connected matters, this Court dealt with three appeals relating to lands at village 6 FH FA.246.94 ors Sanpada. In case of two appeals, the date of notification under Section 4 was 4 th February, 1970 and in case of one appeal, it was 10 th October, 1968. The acquisition was for the same public purpose of setting up city of New Bombay. This Court noted that there was evidence adduced of awards made by the District Court wherein market value was fixed at the rate of Rs.18/- per square meter. Moreover, in the appeals before this Court, there were instances in the form of sale-deeds of comparable lands. In paragraph No.12 of the judgment, this Court noted the necessity of making deduction of development charges of atleast 10%. This Court held that the market value of the acquired lands at village Sanpada was to some extent more than Rs.15/- per square meter and considering the fact that deduction was required to be made on account of development charges, this Court was of the view that the market value can be taken safely as Rs.15/- per square meter. The decision of this Court has become final. In the impugned awards, reliance has been placed on an award of the District Court in a reference under Section 18 of the said Act by which market value of Rs.18/- per square meter has been fixed. Therefore, in view of the decision of this Court in First 7 FH FA.246.94 ors Appeal No. 1201 of 1989, the market value of the acquired lands cannot exceed to Rs.15/- per square meter. Accordingly, to that limited extent, the appeals will have to be allowed. 6 Hence, I pass the following order: i. First Appeal Nos.246, 247, 248, 249 and 250 of 1994 are partly allowed ; ii. The market value of the acquired lands is fixed at the rate of Rs.15/- per square meter ; iii. Rest of the award regarding grant of statutory benefits and costs is not disturbed ; iv. There will be no orders as to costs ; v. Civil Application No.743 of 1995 does not survive and the same is disposed of. [ A.S.OKA, J ]