Full Judgment Text
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION
FIRST APPEAL NO. 76 OF 1990 FIRST FIRST APPEAL NO. 76 OF 1990 APPEAL NO. 76 OF 1990
The State of Maharashtra
through the Special Land
Acquisition Officer, Panvel,
Taluka: Panvel, Dist. Raigad. ... Appellant.
(Org.Opponent.)
Versus.
1. Walkaya Sitaram Surate.
2. Shri Atmaram Sitaram Surate.
3. Shri Madhukar Baliram Surate.
4. Smt.Mathurabai Sawalaram Surate. ... Respondents.
(Org.Claimants.)
Shri K.K.Tated for the Appellant.
Shri Sachin Punde i/by Shri P.L.Patil for the
Respondents.
CORAM : ABHAY S.OKA, J. CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J.
DATED : 18th March, 2006. DATED DATED : 18th March, 2006. : 18th March, 2006.
ORAL JUDGMENT.
1. By this First Appeal the Appellant-State has
taken exception to the judgment and award dated 22nd
February 1989 passed by the learned Civil Judge, Senior
Division, Raigad at Alibag. By the impugned Judgment
and Award, a Reference under section 18 of the Land
Acquisition Act 1894 (hereinafter referred to as the
said Act of 1894) made at the instance of the
Respondents (original Claimants) was partly allowed.
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2. The land subject matter of this appeal is Survey
No.258, Hissa No.3 admeasuring 2600 sq.meters situated
in village Kamothe, Taluka Panvel, District Raigad.
Notification under section 4 of the said Act of 1894 was
issued on 3rd February 1970. By the said notification
several other lands from the same village and other
villages of Taluka Panvel were notified for acquisition
for the public purpose of development of satellite city
of Navi Mumbai. In responce to the notice under section
9 of the said Act of 1894, the Respondents herein
submitted a claim for compensation at the rate of
Rs.15/- per sq.meters. The Land Acquisition Officer
awarded compensation by fixing the market value at
Rs.2/- per sq.meter. The award under section 11 of the
said Act of 1894 was made on 16th September 1986. By
the impugned Judgment and Award, the Reference Court
enhanced the market value to Rs.12/- per sq.meter.
3. Shri Tated, the learned A.G.P. appearing for
the Appellant submitted that the sale instances which
are relied upon by the Respondents are not at all
relevant as the same pertain to the lands which are
situated in other villages. He submitted that there is
no evidence to show that sale instances were of the
lands which are comparable with the acquired land. He
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submitted that the Reference Court ought to have
deducted a reasonable amount from the market value
towards development charges.
4. The learned Advocate appearing for the
Respondents invited my attention to the Judgment and
Order dated 25th/26th February 1993 delivered by the
Division Bench of this Court (Coram: S.W.Puranik and
D.J.Moharir, JJ) in First Appeal No.754 of 1986. He
submitted that the market value of the similarly
situated land is fixed at Rs.20/- per sq.meters. He
submitted that the said decision of the Division Bench
has attained finality. He submitted that the cross
objections filed by the Respondents deserve to be
allowed.
5. I have considered the submissions. A perusal of
the decision of the Division Bench in First Appeal
No.754 of 1986 and other connected matters shows that
the Division Bench was considering the Appeals filed by
the original Claimants arising out of the awards passed
by the Reference Court in References under section 18 of
the said Act of 1894 in respect of lands at villages
Kamothe and Panvel in Taluka Panvel, District Raigad.
The acquisition of the lands subject of the said Appeal
is also for New Bombay Project and the date of section 4
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notification is also 3rd February 1970.
6. The Division Bench divided the lands subject
matter of the Appeals before it into five categories.
The first category is of land abutting the Bombay-Pune
High Way where this Court fixed the market value at the
rate of Rs.25/- per sq.meter. The second category is of
lands which are situated upto 800 meters from the
Highway. In respect of these lands the Division Bench
fixed the market value at the rate of Rs.23/- per
sq.meter. The third category of land is of lands
abutting the Zilla Parishad Road which were at a
distance of not more than 1200 meters from Bombay-Pune
Highway. In case of said lands the market value at the
rate of Rs.22/- has been fixed by the Division Bench.
The forth category was of land which are at a distance
of 800 to 2200 meters from the Bombay-Pune Highway where
the rate fixed by the Division Bench is Rs.20/- per
sq.meter. In case of last category of lands which are
situated at 200 to 640 meters from the Zilla Parishad
Road and Gaothan Road the rate was fixed at Rs.20/- per
sq.meters.
7. In the present case, from the evidence on record
and especially the valuation report of the expert
produced by the Respondents, it appears that the
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acquired land was at a distance of about 3280 meters
from the Bombay-Pune Highway and at a distance of 2560
meters from the Sion-Panvel Highway. The decision of
the Division Bench has attained finality. Going by the
decision of the Division Bench it is obvious that the
market value fixed by the Reference Court is on the
lower side. By filing the cross objection, the
Respondents have claimed market value at the rate of
Rs.15/- per sq.meters. Considering the Judgment of the
Division Bench, the market value of the acquired land
will be certainly more than Rs.15/- per sq.meter. The
Division Bench has awarded market value at the rate of
Rs.20/- per sq.meter for the lands upto distance of 2200
meters from Bombay-Pune National Highway. In this case,
the distance is 3280 meters from the Highway. The
market value of the land in this case cannot be less
than Rs.17 to Rs.18 per sq.meter. As far as the
submission of Shri Tated, the learned A.G.P. about the
deduction of development charges is concerned, even
assuming that the said submission is true, in fact the
Respondents were entitled to the market value at the
rate which is much more than Rs.15/-. Since the
Claimants have restricted their claim to Rs.15/- per
sq.meter in the cross objection, there is no necessity
of making any further deduction and the Respondents will
be entitled to the market value at the said rate.
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8. Hence the following order is passed:
i) The First Appeal is dismissed with no
order as to costs.
ii) The Cross Objection filed by the
Respondents is allowed.
iii) The Judgment and Award dated 22nd March
1989 passed by the Reference Court is
modified only to the extent that the
Respondents will be entitled to the market
value at the rate of Rs.15/-per sq.meter.
The Respondents will also be entitled to
other statutory benefits which are already
granted by the Reference Court.
iv) The Reference Court will redetermine the
compensation payable by the State
Government to the Respondents on the basis
of the market value of Rs.15/- per
sq.meter. This exercise shall be
completed within a period of four months
from the date of receipt of the writ of
this order.
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v) The Respondents will be entitled to
proportionate costs throughout.
Judge. Judge. Judge.
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CIVIL APPELLATE JURISDICTION CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION
FIRST APPEAL NO. 76 OF 1990 FIRST FIRST APPEAL NO. 76 OF 1990 APPEAL NO. 76 OF 1990
The State of Maharashtra
through the Special Land
Acquisition Officer, Panvel,
Taluka: Panvel, Dist. Raigad. ... Appellant.
(Org.Opponent.)
Versus.
1. Walkaya Sitaram Surate.
2. Shri Atmaram Sitaram Surate.
3. Shri Madhukar Baliram Surate.
4. Smt.Mathurabai Sawalaram Surate. ... Respondents.
(Org.Claimants.)
Shri K.K.Tated for the Appellant.
Shri Sachin Punde i/by Shri P.L.Patil for the
Respondents.
CORAM : ABHAY S.OKA, J. CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J.
DATED : 18th March, 2006. DATED DATED : 18th March, 2006. : 18th March, 2006.
ORAL JUDGMENT.
1. By this First Appeal the Appellant-State has
taken exception to the judgment and award dated 22nd
February 1989 passed by the learned Civil Judge, Senior
Division, Raigad at Alibag. By the impugned Judgment
and Award, a Reference under section 18 of the Land
Acquisition Act 1894 (hereinafter referred to as the
said Act of 1894) made at the instance of the
Respondents (original Claimants) was partly allowed.
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2. The land subject matter of this appeal is Survey
No.258, Hissa No.3 admeasuring 2600 sq.meters situated
in village Kamothe, Taluka Panvel, District Raigad.
Notification under section 4 of the said Act of 1894 was
issued on 3rd February 1970. By the said notification
several other lands from the same village and other
villages of Taluka Panvel were notified for acquisition
for the public purpose of development of satellite city
of Navi Mumbai. In responce to the notice under section
9 of the said Act of 1894, the Respondents herein
submitted a claim for compensation at the rate of
Rs.15/- per sq.meters. The Land Acquisition Officer
awarded compensation by fixing the market value at
Rs.2/- per sq.meter. The award under section 11 of the
said Act of 1894 was made on 16th September 1986. By
the impugned Judgment and Award, the Reference Court
enhanced the market value to Rs.12/- per sq.meter.
3. Shri Tated, the learned A.G.P. appearing for
the Appellant submitted that the sale instances which
are relied upon by the Respondents are not at all
relevant as the same pertain to the lands which are
situated in other villages. He submitted that there is
no evidence to show that sale instances were of the
lands which are comparable with the acquired land. He
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submitted that the Reference Court ought to have
deducted a reasonable amount from the market value
towards development charges.
4. The learned Advocate appearing for the
Respondents invited my attention to the Judgment and
Order dated 25th/26th February 1993 delivered by the
Division Bench of this Court (Coram: S.W.Puranik and
D.J.Moharir, JJ) in First Appeal No.754 of 1986. He
submitted that the market value of the similarly
situated land is fixed at Rs.20/- per sq.meters. He
submitted that the said decision of the Division Bench
has attained finality. He submitted that the cross
objections filed by the Respondents deserve to be
allowed.
5. I have considered the submissions. A perusal of
the decision of the Division Bench in First Appeal
No.754 of 1986 and other connected matters shows that
the Division Bench was considering the Appeals filed by
the original Claimants arising out of the awards passed
by the Reference Court in References under section 18 of
the said Act of 1894 in respect of lands at villages
Kamothe and Panvel in Taluka Panvel, District Raigad.
The acquisition of the lands subject of the said Appeal
is also for New Bombay Project and the date of section 4
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notification is also 3rd February 1970.
6. The Division Bench divided the lands subject
matter of the Appeals before it into five categories.
The first category is of land abutting the Bombay-Pune
High Way where this Court fixed the market value at the
rate of Rs.25/- per sq.meter. The second category is of
lands which are situated upto 800 meters from the
Highway. In respect of these lands the Division Bench
fixed the market value at the rate of Rs.23/- per
sq.meter. The third category of land is of lands
abutting the Zilla Parishad Road which were at a
distance of not more than 1200 meters from Bombay-Pune
Highway. In case of said lands the market value at the
rate of Rs.22/- has been fixed by the Division Bench.
The forth category was of land which are at a distance
of 800 to 2200 meters from the Bombay-Pune Highway where
the rate fixed by the Division Bench is Rs.20/- per
sq.meter. In case of last category of lands which are
situated at 200 to 640 meters from the Zilla Parishad
Road and Gaothan Road the rate was fixed at Rs.20/- per
sq.meters.
7. In the present case, from the evidence on record
and especially the valuation report of the expert
produced by the Respondents, it appears that the
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acquired land was at a distance of about 3280 meters
from the Bombay-Pune Highway and at a distance of 2560
meters from the Sion-Panvel Highway. The decision of
the Division Bench has attained finality. Going by the
decision of the Division Bench it is obvious that the
market value fixed by the Reference Court is on the
lower side. By filing the cross objection, the
Respondents have claimed market value at the rate of
Rs.15/- per sq.meters. Considering the Judgment of the
Division Bench, the market value of the acquired land
will be certainly more than Rs.15/- per sq.meter. The
Division Bench has awarded market value at the rate of
Rs.20/- per sq.meter for the lands upto distance of 2200
meters from Bombay-Pune National Highway. In this case,
the distance is 3280 meters from the Highway. The
market value of the land in this case cannot be less
than Rs.17 to Rs.18 per sq.meter. As far as the
submission of Shri Tated, the learned A.G.P. about the
deduction of development charges is concerned, even
assuming that the said submission is true, in fact the
Respondents were entitled to the market value at the
rate which is much more than Rs.15/-. Since the
Claimants have restricted their claim to Rs.15/- per
sq.meter in the cross objection, there is no necessity
of making any further deduction and the Respondents will
be entitled to the market value at the said rate.
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8. Hence the following order is passed:
i) The First Appeal is dismissed with no
order as to costs.
ii) The Cross Objection filed by the
Respondents is allowed.
iii) The Judgment and Award dated 22nd March
1989 passed by the Reference Court is
modified only to the extent that the
Respondents will be entitled to the market
value at the rate of Rs.15/-per sq.meter.
The Respondents will also be entitled to
other statutory benefits which are already
granted by the Reference Court.
iv) The Reference Court will redetermine the
compensation payable by the State
Government to the Respondents on the basis
of the market value of Rs.15/- per
sq.meter. This exercise shall be
completed within a period of four months
from the date of receipt of the writ of
this order.
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v) The Respondents will be entitled to
proportionate costs throughout.
Judge. Judge. Judge.
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