STATE OF MAHARASHTRA Vs. KALU LADKU MHATRE

JUDGEMENT

(1.) Heard the leaned AGP appearing for the appellant - State and the learned counsel appearing for the respondent. The appellant - State of Maharashtra has impugned Judgment and Award dated 30th November, 1995 passed by the Land Acquisition Officer in a Reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). The acquisition relates to lands situated at village Pendhar, Taluka Panvel, District Raigad which were notified for acquisition under section 4(1) of the said Act on 3rd February, 1970. The purpose of acquisition was setting up satellite city of New Bombay. The Award made under section 18 of the said Act was not accepted by the respondent-claimant and therefore, at his instance the Reference was made. The Reference Court by the impugned Judgment and Award has fixed the market value of the acquired land of Rs. 14/- per square meter and has granted statutory benefits under sections 23(1 A), 23(2) and 28 of the said Act.

(2.) There is a Cross Objection filed by the respondent-claimant seeking enhancement in the market value. The said Cross Objection was filed by the respondent-claimant on 22nd June, 2011 along with an application for condonation of delay.

(3.) The submission of the learned AGP appearing for the appellant - State is that the respondent-claimant has not discharged the burden on him by adducing evidence to prove that the market value offered by an Award under section 11 of the said Act is not adequate. He submitted that the impugned Award is not based on any legal evidence. The learned counsel appearing for the respondent relied on the decision of this Court in the First Appeal No. 875 of 1985, Abdul Aziz Husenmiya Patel vs. Special Land Acquisition Officer and other connected Appeals. He submitted that the land subject matter of this Appeal is similar to the lands subject matter of First Appeal Nos. 312 of 1999 and 315 of 1995. He submitted that this Court has fixed the market value at the rate of Rs. 17.10/- per square meter while deciding the said First Appeals on 15th April, 2011.