(1.) LARGE tracts of lands situate within the Municipal limits of Panvel and Kamothe were sought to be acquired for the New Bombay Township Project near the Bombay Pune Highway.
(2.) THE present first appeals arise out of Land Acquisition Reference judgments delivered by the District Judge, Raigad in Land Acquisition Reference Cases Nos. 209 of 1986, 208 of 1986, 203 of 1986, 211 of 1986, 252 of 1986 and 223 of 1986 (all from Panvel) and Land Acquisition Reference Cases Nos. 257 of 1986 and 204 of 1986 (both from Village Kamothe ). The claimants had sought references against the market value determined by the Land Acquisition Officer varying from Rs. 1. 50 per sq. metre to Rs. 6 per sq. metre. After recording evidence of the claimants before the Reference Court which comprised of the claimants through their power of attorney holder as also an expert Valuer on their behalf and no evidence at all was adduced on behalf of the State, the Reference Court on considering the facts and submissions of the parties negatived their references and confirmed the valuation determined by the Land Acquisition Officer in each case.
(3.) IT is in these circumstances that the claimants have carried these first appeals before this Court which we have heard in extenso with the assistance of Shri M. V. Paranjape, Shri S. M. Paranjape and Shri R. V. Pai appearing for the claimants and Shri Bagwe, Shri Padgaonkar and Shri Mirajkar, learned Government Pleaders appearing on behalf of the State. In particular, we have perused the record in detail pertaining to First Appeal No. 754 of 1986 which consists of the evidence of the power of attorney holder of the claimants and their expert as also various documents and earlier judgments which were placed before the Land Acquisition Reference Court. We are also informed that the evidence in all the matters is virtually identical except for the location of each claimants piece of land which varies in distance from the highway. It is an admitted position that all the lands under acquisition in this group of appeals are paddy lands and there are no distinguishing features such as fruit-bearing trees, wells or structures in either of them. The only variable factor as already stated above is the distance from the highway. It is in these circumstances that we have taken up this group of appeals together and are being disposed of by this common judgment.