ANANT VISHNU VARTAK Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Both these Appeals can be disposed of by common Judgment, as the controversy to be addressed is emanating from the common Notification issued to acquire the subject land. The Appeal No.1033 of 2003 is filed by the one set of claimants who had held land admeasuring 8311.37 sq.mtrs. known as 'Vartaks'. The Appeal No.26 of 1996 has been filed by the other set of claimants in relation to land admeasuring 9511.38 sq.mtrs., known as 'Pundales'. Their land was in possession of the occupants/tenants known as 'Dhadges'.

(2.) The Development Plan for the City of the then Pimpri Chinchwad Municipal Council was sanctioned on 17th March 1978. As per the said sanctioned Development Plan, the land in question bearing CTS No. 3608(p) (Plot No.195p) of Village Chinchwad was shown as reserved for childrens' playground. THE said land is admeasuring 17822.75 sq.mtrs. As aforesaid, part of the said land is owned by Vartaks admeasuring about 8311.37 sq.mtrs. and the other part by Pundales admeasuring 9511.38 sq.mtrs. THE land owned by Pundales was in occupation of tenants Dhadges. THE then Chief Officer, Pimpri Chinchwad Municipal Council requested the Collector of Pune to initiate land acquisition proceedings in respect of the above said land admeasuring 17822.75 sq.mrs. Consequent to the said request, Notification under Section 126 of the Maharashtra Regional Town Planning Act, 1966 r/w Section 6 of the Land Acquisition Act, 1894 came to be issued on 19th January 1984. THEreafter, inquiry regarding acquisition of the subject land was commenced. In the said inquiry, the claimants appeared and demanded compensation for the said land at the rate of Rs.269/- per sq.mtr. In support of their claim, they relied on sale instances pertaining to plots in the nearby localities. THE Land Acquisition Officer after considering the evidence in support of the claim and the relevant sale instances which, in his opinion, were comparable sale instances, proceeded to determine fair market price of the said land vide award dated 12th May 1986. In the said Award, reference is made to the two sale instances relied upon by Vartaks - one of the claimants. THE first was pertaining to Survey No.195/196, Plot No.61, admeasuring 320 sq.mtrs. THE said land was sold for Rs.30,000/- i.e. at Rs.93.75 per sq.mtr. on 31st August 1983. THE second instance pertains to Survey No.195/1 bearing Plot No.58, admeasuring 294 sq.mtrs. This land was sold for Rs. 30,000/- at the rate of Rs.102 per sq.mtr. on 3rd August 1983. While considering the valuation of the property, the SLAO has also adverted to other six sale instances, namely:- (i) S.No.195-196 of Chinchwad, Plot No.67 admeasuring (1200 sq.ft.) 308 Sq.Mtrs. has been sold on 15-3-79 at the rate of Rs.32.46 per sq.mtrs. (ii)S.No.164-165 of Chinchwad Plot No. admeasuring 464.68 Sq.mtrs. has been sold on 16-11-81 at the rate of Rs.26.90 per sq.mtrs. (iii) S.No.195-196, plot No.155 having an area of (3000 sq.ft.) 280.67 Sq.mtrs. was sold on 1-4-82 at the rate of 61-85 per sq.mtrs. (iv) S.No.195-196 plot No.57 having an area of (2046 sq.ft.) 194 Sq.Mtrs. was sold on 10-6-83 at the rate of Rs.82/- per sq.mtr. (v) S.No.195-196 Plot No.87 admeasuring 195 Sq.Mtrs. (2046 sq.ft.) was sold on at the rate of Rs.82/- per sq.mtr. on 31-12-83. (vi) S.No.195-196 plot No.99 admeasuring 195 Sq.Mtrs. (2046 Sq.ft.) was sold on 14-9-84 at the rate of Rs.87/- per sq.mtr.

(3.) This common award was put in issue by the claimants by instituting Reference under Section 18 of the Land Acquisition Act. The Reference filed by Pundales and Dhadges was numbered as Reference No.230/1986. Whereas, the Reference instituted by Vartaks was numbered as Land Reference No.313 of 1987. Both these land References were tried separately.