Sabhia Md.Yusuf A.H.Mulla(D) By ... vs Spl.Land Acqn.Offr.& Ors

2. The appellants did not file application under Section 18 of the Act for determination of compensation by the Court, but after amendment of the Act with effect from 24.9.1984 and disposal of the references made at the instance of other landowners, they filed an application under Section 28A(1) for redetermination of market value of the acquired land. The Special Land Acquisition Officer held that the landowners are entitled to compensation at the rate of Rs.1.20 per square meter to Rs.2/- per square meter. The appellants then filed an application under Section 28A(3) for award of compensation at the rate of Rs.100/- per square meter. They pleaded that the acquired land was very close to Sion-Panvel Highway and had tremendous non-agricultural potential, nearby area had been industrialized and District Judge, Raigad-Alibag had awarded higher compensation to other landowners whose lands situated at Village Ambetarkhar (Roadpali), Taluka Panvel had been acquired for the New Bombay Project. The Special Land Acquisition Officer controverted the claim of the appellants and pleaded that on the date of Section 4(1) notification, i.e., 3.2.1970, the appellants’ land was undeveloped and was being used only for the purpose of agriculture, which depended on monsoon.

Thus, from the judgments on record it is quite obvious that the Hon'ble High Court Bombay has awarded compensation @ Rs. 25/- per sq. mtr. In respect of the lands of village Taloja, Pendhar and Nawade acquired vide Notification dt. 3.2.1970. So far as lands under reference are concerned, in a case reported in 1997(2) Mh. L.R. 325 State of Maharashtra .. Appellant Vs. Ramchand Damodar Koli and others.. Respondents, the Hon'ble High Court Bombay has allowed the claimants' cross objection and ordered that the claimants shall be entitled for compensation @ Rs. 25/- per sq. mtr. On their paying additional court-fees within two weeks. The land involved in the abovecited ruling belongs to Village Roadpali (Ambetarkhar). Ambetarkhar and Kolhekhar are the parts of Village Roadpali. The land involved in the reference in hand and the land involved in the abovecited ruling acquired for the same purpose i.e. for New Bombay Project, vide Notification dt. 3.2.1970. It reveals from xerox copy of from the letter No. Civil/Reg. No. 28.01.2002 dt. 3rd July, 2003 addressed to the Secretary, Government of Maharashtra, L & J Department Mantralya Mumbai, by the Asstt. Govt. Pleader, High Court, Mumbai, produced on record with the list Exh. 33/1 by the Ld.D.G.P., that, in First Appeal No. 560/91 arising out of LAR No. 350/89 the Hon'ble High Court Bombay awarded compensation @ Rs. 25/- per sq. mtr. To the land from village Roadpali, and the Asstt. Govt. Pleader, High Court Mumbai, opined that the said case is not fit for appeal. The land involved in the reference in hand and the land involved in the case reported in 1997(2) Mh. L.R. 325 are virtually identical situated in the same area bearing similar topographical and physical characteristics covered by the same notification dt.3.2.1970. When the nearby land of the land under reference fetch market value @ Rs. 25/- per sq. mtr. On the date of notification, certainly the land under reference fetch the same market value.” (as contained in the paper book)

10. The review petition filed by the appellants was partly allowed by the High Court vide order dated 7.6.2007 and it was held that those having land upto a distance of 500 meters from Bombay-Pune Highway shall be entitled to compensation at the rate of Rs. 20/- per square meter and those having land beyond 500 meters shall be entitled to compensation at the rate of Rs.18/- per square meter.

23. In the result, the appeals are allowed. The impugned judgment and order are set aside and the one passed by the Reference Court for payment of compensation to the appellants at the rate of Rs.25/- per square meter is restored. The respondents are directed to pay the balance amount to the appellants with all other statutory benefits and interest within three months from today.

24. With a view to ensure that the landowners are not fleeced by the middleman, we deem it proper to issue the following further directions:

July 02, 2012.