1 FA.462.96 w FA.214.93-Shahabaj ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 462 OF 1996 The State of Maharashtra, (Through the Special Land Acquisition Officer, Metro Centre No. III, Thane). ... Appellant Versus Bhikamchand Kaluramji Jain, adult, occupation business, residing at Bhairav Kripa, Acharya Marg, Chember, Bmbay 400 071. (Through his power of attorney Shri Hemraj Bhikamchand Jain). ... Respondent WITH FIRST APPEAL NO. 214 OF 1993 The State of Maharashtra, (Through the Special Land Acquisition Officer, Metro Centre No. 3, District Thane). ... Appellant Versus Jayram Tukaram Tandel (since deceased through his legal heirs: 1/1. Santosh Jayram Tandel, 1/2. Jayprakash Jayram Tandel, 1/3. Smt. Shoba Virchandra Patil, 1/4. Smt. Jyotsna Shamkant Mhatre, 1/5. Smt. Sampurna Krishna Patil and 1/6. Smt. Kusumbai Jayram Tandel. ... Respondents ----- Mr. A.R.Patil, AGP for the Appellant – State. Mr. K.N.Kore for the Respondents. ----- 2 FA.462.96 w FA.214.93-Shahabaj CORAM : A.S.OKA, J. DATE : 18 th February, 2011. JUDGMENT: 1 These appeals can be disposed of by a common judgment. Both the appeals arise out of awards made in references under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The lands subject matter of the appeals are situated at village Shahabaj, Taluka Thane, District Thane. Both the lands were notified under Section 4 (1) of the said Act on 4 th February, 1970 for the public purpose of setting up satellite city of New Bombay. By the awards under Section 11 of the said Act, market value was offered by the Special Land Acquisition Officer at different rates. As the said market value was not accepted, at the instance of the Respondents, references were made under Section 18 of the said Act. By the impugned judgments and awards, market value has been fixed at the rate of Rs.15/- per square meter. Statutory benefits under Section 23 (1-A), 23 (2) and Section 28 of the said Act were also granted. 3 FA.462.96 w FA.214.93-Shahabaj 2 These appeals are preferred by the State Government for challenging the grant of market value at the rate of Rs.15/- per square meter. 3 The learned AGP appearing for the Appellant invited attention of the Court to the findings recorded in the impugned judgments. He submitted that in both the impugned judgments, there is no reference to sale transactions of comparable lands and reliance has been placed only on the judgments of the Reference Court in references under Section 18 of the said Act. The learned AGP, therefore, submitted that the Respondents have not discharged the burden on them of establishing that the market value offered under Section 11 of the said Act was inadequate. The learned counsel appearing for the Respondents supported the impugned judgments and awards. 4 I have given careful consideration to the submissions. It is not in dispute that vast tracts of lands in 96 villages situated in Thane and Raigad Districts were notified for acquisition for the public purpose of 4 FA.462.96 w FA.214.93-Shahabaj setting up satellite city of New Bombay. Though the notifications were issued under Section 4 of the said Act from 1967 onwards, in respect of large number of lands, notifications under Section 4 of the said Act were issued either on 3 rd February, 1970 or 4 th February, 1970. Large number of appeals arising out of the awards in the references made under Section 18 of the said Act relating to the aforesaid lands have been decided by this Court. This Court has repeatedly taken a note that in the year 1970, most of the lands in these villages subject matter of acquisition were undeveloped agricultural lands. For fixing market value of the acquired lands in individual villages, this Court has adopted various methods such as distance of the acquired lands from Bombay-Pune national highway, Sion-Panvel highway, Thane-Belapur Road and Zilla Parishad Road. 5 As far as location of village Shahabaj is concerned, there is evidence on record. The Respondent (claimant) in First Appeal 214 of 1993 stepped into witness box. He stated that the acquired lands were situated within the limits of Shahabaj-Belapur village panchayat and there 5 FA.462.96 w FA.214.93-Shahabaj were amenities such as school, roads, water supply, electricity supply available in the village since 1964. He stated that factories of Lubrizol, Herdillia etc. were already set up near the acquired lands. He stated that the acquired lands were fertile lands on which paddy crop was being taken. He stated that to the north of village Shahabaj, there is a village Shirvane and to the west of village Shahabaj, there are villages Nerul and Darave. He stated that village Sanpada was at a distance of one kilometer from village Shahabaj. In the cross-examination, it was brought on record that villages Sanpada, Shirvane and Shahabaj are on the western side of Sion-Panvel highway. There is no cross-examination made as regards the amenities available in the village. However, it is brought on record that the factories, which are referred to in the examination-in-chief, were situated on the eastern side of the Sion-Panvel highway. In the cross-examination, it is brought on record that the price of the lands at village Shahabaj suddenly increased because of the construction of bridge at Vashi. In the examination-in-chief, the Respondent (claimant) has stated that the village Shahabaj is at a distance of four kilometers from Vashi bridge. 6 FA.462.96 w FA.214.93-Shahabaj 6 The Respondent in First Appeal No.462 of 1996 also stepped into witness box. He deposed about the facilities in the village prior to the year 1970. He also deposed that the acquired lands were fertile and were being used for taking paddy crop. He stated that there were no sale instances in the area in as much as on account of acquisition, sales were prohibited. 7 The learned AGP has produced for perusal of this Court a true copy of development plan of the New Bombay for showing the location of village Shahabaj. The village Shahabaj is situated adjacent to Thane-Belapur road and is in between Bombay-Pune national highway and Thane-Belapur road. The Bombay-Pune national highway is on the eastern side of village Shahabaj. The village Kharghar is in between Bombay-Pune national highway and village Shahabaj. In respect of lands at village Kharghar notified for the same public purpose in February, 1970, minimum market value was fixed by the Division Bench of this Court is Rs.18/- per square meter. 7 FA.462.96 w FA.214.93-Shahabaj 8 It is brought on record that the distance between village Sanpada and village Shahabaj is one kilometer. Village Shahabaj is adjacent to Thane-Belapur road on its eastern side and village Shahabaj is adjacent to Thane-Panvel road on its western side. In First Appeal No. 1201 of 1989 and two other connected first appeals which were decided by this Court on 4 th April, 2006, the lands subject matter of acquisition were at village Sanpada which was also notified on 4 th February, 1970 for the same public purpose. This Court confirmed the market value fixed by the Reference Court at the rate of Rs.15/- per square meter by observing that the market value may be to some extent more than Rs.15/- per square meter. 9 As compared to village Sanpada, the village Shahabaj is closer to Bombay-Pune national highway as shown on the map produced by the learned AGP. In case of villages situated closer to Bombay-Pune national highway, this Court has fixed market value which is more than Rs.15/- per square meter. Therefore, the view taken by the Reference 8 FA.462.96 w FA.214.93-Shahabaj Court that the market value of the acquired lands on the relevant date was Rs.15/- per square meter cannot be faulted with. The market value fixed is reasonable. There is no dispute regarding grant of statutory benefits. Hence, there is no merit in the appeals. The appeals are dismissed with no order as to costs. 10 Civil Application No. 7300 of 2006 does not survive and the same is disposed of. [ A.S.OKA, J ]