1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 461 OF 1996 (Arising out of L.A.R.No.182/1987) WITH FIRST APPEAL NO. 1137 OF 1998 (Arising out of L.A.R. No. 24/1985) WITH FIRST APPEAL NO. 611 OF 1996 (Arising out of L.A.R. No. 130/1986) The State of Maharashtra (Through the Special Land Acquisition Officer, Metrocentre No.3, Thane.) ... Appellant (Orig. Opponent) Versus Shri Krishna Zojan Vaskar, Since deceased through Legal heis : 1/1. Smt. Vithabai Krishna Vaskat Wfe, Age 68 years. ½ Shri Kashinath Krishna Vaskar Son, age 42 years, 1/3 Shri Dhau Krishna Vaskar Soon, age 40 years. ¼ Shri Shivram Krishna Vaskar 2 Son, age 36 years. 1/5 Shri Ankush Krishna Vaskar Son, age 25 years. 1/6 Shri Pralhad Krishna Vaskar Son, age 25 years. 1/7 Shri Bhagirath Krishna Vaskar Son, age 22 years. 1/8 Smt. Lata Arun Thakur Daughter age 35 years. All R/o. Sanpada, Pst. Mafco, New Mumbai. ..Repondent (Orig.claimant) Ms. S.P.Manchekar, AGP, for the appellant-State. Mr. Rajesh S. Datar a/w. Rohan Darandale, Advocates for respondent Nos. 1/1 ½ & 1/6. FIRST APPEAL NO. 1137 OF 1998 1) The Special Land Acquisitin Officeer, Metro Centre No.2, Thane. 2) The State of Maharashtra. ... Appellants Vs. 1. Sitaram Sudam Patil (Since deceased through his legal heirs) 1A Naunath Sitaram patil – aged 26 1B Balkrishna Sitaram Patil aged 24 Both residents of Sanpada Village, Sector-5, Navi Mumbai. 3 2. Smt. Vithabai Rama patil residing at Kukshed, Taluka and District Thane. 3. Smt. Anubai Rama Madhavi, residig at Jupada, Taluka & Dist. Thane. 4. Smt. Gangubai Sudam Patil (since deceased through her legal heirs:) 4-1) Shri Navnath Sitaram Patil Relation: Son, age 27 years. R/o. Sanpada, Thane. 4-2) Balkrishna Sitaram Patil Son, age 24 years, r/o. Sanpada, Thane. 4-3) Smt. Prabhavati Kamalkar Patil Daughter, age 32 years, Juinagar, Darvi, Post. Nerul, Thane. 4-4) Smt. Dhanita Dyaneshwar Bhor Daughter,age 29 years, Juinagar, Darvi,Thane. 4-5) Smt. Chagunabai Sitaram Patil Daughter in law age 51 years. Sanpada, Thane. .. Respondents (orig.claimants) Ms. S.P.Manchekar, AGP, for the State. Mr. A.S.Rao, Advocate, for the respoondents. FIRST APPEAL NO. 611 OF 1996 The State of Maharashtra (Through the Special Land 4 Acquisition Officer, Metrocentre No.3, Thane.) ... Appellant Vs. 1. Shri Shankar Tukaram Madhavi – dead. 2. Shri Dhaniram Vishnu Madhavi, 3. Shri Ramakant Vishnu Madhavi 4. Shri Hemant Vishnu Madhavi 5. Shri Tulshiram Vishnu Madhavi 6. Smt. Rakhamabai Shankar Mhatre 7. Smt. Malati Gajanan Gharat 8. Smt. Hansabai Vishnu Madhavi 9. Shri Yashawant Shankar Madhavi since claimant nos. 1 and 2 died following heirs are brought on record). 9a. Suresh Yashawant Madhavi, 9b Jaywant Yashawant Madhavi 9c Sainath Yashawant Madhavi 9d Manoj Yashawant Madhavi 9e Smt. Shantabai Yashawant Madhavi 10. Shri Giridhar Shankar Madhavi.. .. Respondents Ms. S.P.Manchekar, AGP, for the appellant-State. CORAM: J.H.BHATIA,J. DATE : 24th September, 2009. P.C. 1. All these three Appeals may be disposed of by this common Judgment as the lands acquired therein are situated in the same village Sanpada. 2. There is no dispute that for the establishment of a settellite City to 5 be known as “New Bombay”. The Government had ac quired huge tract of land from different villages of Thane and Raigad Districts. In First Appeal No.461 of 1996, Notification under Section 4 was issued on 4.2.1970 while in the remaining two Appeals, the Notification under Section 4 was issued on 10.10.1968. The Land Acquisition Officer awarded compensation at the rate of Rs.7/- per sq. mtr. in two matters and at the rate of Rs.6/- per sq. mtr. in one matter. Besides that, compensation for structure on the land was separately awarded in Land Acquisition Reference No.182 of 1987 from which First Appeal No.641 of 1996 arises. The claimants being not satisfied with the compensation awarded, made reference application under Sec.. 18 of the Land Acquisition Act. As far as the compensation in respect of the structure is concerned, the order of the Land Acquisition Officer was confirmed. However, the learned Joint District Judge, enhanced compensation of the land to Rs.15/- per square meter in the references which are subject matter of First Appeal No. 461 of 1996 and F.A. No.1137 of 1998. The compensation was based on an earlier decision in Land Acquisition Reference no.38 of 12985. In Land Acquisition Reference No.130 of 1986 from which First Appeal no.611 of 1996 arises, the compensation was fixed at the rate of Rs.18/- per sq. mtr. The State has challenged the enhancement of compensation in all these 3 matters. 6 3. The learned AGP has pointed out that in respect of the acquisition of land from Village Sanpada, First Appeal No.580/94, 581/94 and FA No.582/94 were decided by a common judgment dated 5.12.2007 by this Court (Coram: Abhay S. Oka, J.). In that case also, in two matters, the market value was fixed at the rate of Rs.15/- per square metre, while in one matter, the market value was fixed Rs.18/- per sq. mtr. After considering the decision of this Court in a group of Appeals earlier, the learned Judge held that the market value of the land acquired should be Rs.15/- per sq. mtr. in all the three matters. The present group is squarely covered by the said judgment. Therefore, it must be held that the market value fixed at the rate of Rs.15/- per sq. mtr. in First Appeal No.461 of 1996 and F.A.No.1137 of 1998 needs no interference. However, the market value fixed at the rate of Rs.18/- per sq. mtr. in F.A.No.611 of 1996 is to be higher side and needs to be fixed at Rs.15/- per sq. mtr. instead of Rs.18/- per sq. mtr. fixed by the Reference Court. 4. For the aforesaid reasons, First Appeal No.461/1996 and F.A.No. 1137/1998 stand dismissed. 5. F.A.No.611 of 1996 is hereby partly allowed and the impugned judgment and award stand modified with a direction that the market value of the 7 acquired land will be at the rate of Rs.15/- per sq. mtr. and the total compensation shall be fixed accordingly. Remaining part of the impugned order is confirmed. There will be no order as to costs in the Appeal. (J.H.BHATIA,J.)