STATE OF MAHARASHTRA Vs. KALU LADKU MHATRE

JUDGEMENT

(1.) These Appeals and Cross Objections can be disposed of by a common judgment.

(2.) The challenge in these Appeals is to the Awards made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the "said Act"). The lands subject matter of acquisition in these Appeals are situated at village Pendhar, District Raigad. Notification under Section 4(1) of the said Act was issued on 3 rd February, 1970 by which the lands was notified for acquisition for the public purpose of setting up of satellite city of Navi Mumbai. By the impugned Judgment and Awards, the market value has been fixed at the rate of Rs.14/ per square meter. There are Cross Objections filed seeking enhancement of the compensation.

(3.) The Division Bench of this Court by a Judgment and order dated 16 th March, 2000 in First Appeal No.875 of 1995 (Abdul Aziz Husenmiya Patel V/s. The Special Land Acquisition Officer and other connected matters) dealt with the Appeals arising out of References under Section 18 of the said Act relating to land at village Pendhar and other villages in Taluka Panvel District Raigad which were notified under Section 4(1) on 3 rd February 1970 for the same public purpose. In paragraph No.7 of the said decision, the Division Bench of this Court discussed the issue of market value of the lands at village Pendhar. It is held thus: