STATE OF MAHARASHTRA Vs. SHANTARAM GOVIND TANDEL

JUDGEMENT

(1.) By this appeal, the Appellant - State of Maharashtra has taken an exception to the judgment and award dated 17th September, 1993 passed by the learned Joint District Judge in a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act").

(2.) The acquisition relates to lands bearing Survey Nos. 10/6, 57/2, 74/8, 81/2, 81/4, 99/10, 104/8, 245/4, 242/24 situated at village Karave, Taluka and District Thane. The area of the said lands is 7280 square metres. The notification under section 4(1) of the said Act was published in Government Gazette on 24th September, 1986. The purpose of acquisition was setting up satellite city of New Bombay. An award was made under section 11 of the said Act by which market value at the rate of Rs. 11/- per square metre was offered. The Respondents -claimants did not accept the said award and at their instance, a reference under section 18 of the said Act was made. The Respondents claimed market value at the rate of Rs. 50/- per square metre apart from the other statutory benefits. By the impugned judgment and award, the learned Joint District Judge fixed the market value at the rate of Rs. 30/- per square metre together with statutory benefits under section 23(1A), 23(2) and section 28 of the said Act. There is a cross objection filed by the Respondents - claimants claiming market value at the rate of Rs. 50/- per square metre.

(3.) The learned AGP appearing for the Appellant submitted that there is no evidence adduced of the comparable sale instances by the Respondents -claimants. He submitted that reliance was placed by the trial Court only on a judgment in Land Acquisition Reference No. 12 of 1990, though there was no evidence to show that the land subject-matter of the said reference was a comparable land. He, therefore, submitted that no case is made out for grant of enhancement.